Private Sector Development Capacity Building Project · PDF filePrivate Sector Development...

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Private Sector Development Capacity Building Project Page 1 of 88 REVISED DRAFT RESETTLEMENT POLICY FRAMEWORK REVISED DRAFT Private Sector Development Capacity Building Project Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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REVISED DRAFT

RESETTLEMENT POLICY FRAMEWORK

REVISED DRAFT

Private Sector Development Capacity Building Project

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Table of Contents

ABBREVIATIONS AND ACRONYMS ....................................................................................... 3

PART I: BASIC INFORMATION ................................................................................................. 4

PART II: OBJECTIVES ................................................................................................................ 6

PART III: PROJECT DESCRIPTION AND RATIONALE FOR RPF ......................................... 7

PART IV: LEGAL AND INSTITUTIONAL FRAMEWORK .................................................... 26

i) POLITICAL ECONOMY AND GOVERNANCE IN ETHIOPIA .............................. 26

ii) PROPERTY AND LAND RIGHTS IN ETHIOPIA .................................................... 28

iii) ACQUISITION AND VALUATION OF LAND AND OTHER ASSETS ............. 29

iv) ENTITLEMENTS AND COMPENSATION........................................................... 31

v) DISPUTE RESOLUTION AND GRIEVANCE MECHANISMS .............................. 31

vi) COMPARISON TO WORLD BANK OP 4.12 ........................................................ 32

Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and

Compensation ....................................................................................................................... 33

PART V: COMPENSATION FOR LAND AND OTHER ASSETS .......................................... 41

Table II: Entitlement Matrix ................................................................................................. 45

PART VI: IMPLEMENTATION SCHEDULE AND COSTS ................................................... 52

Table III: Indicative Outline of a RAP Budget .................................................................... 52

PART VII: PUBLIC CONSULTATION AND DISCLOSURE PLAN ...................................... 54

PART VIII: MONITORING AND EVALUATION OF IMPACTS .......................................... 55

Table IV: Indicators of RAP Impacts ................................................................................... 56

ANNEX 1: World Bank Resettlement Policy Framework (RPF) ................................................ 59

ANNEX 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP) ....................... 61

ANNEX 3: Sample Grievance and Resolution Form ................................................................... 65

ANNEX 4: Sample Table of Contents for Consultation Reports ................................................. 66

ANNEX 5: Glossary of Terms ...................................................................................................... 67

ANNEX 6: Relevant Laws........................................................................................................... 69

ANNEX 7: List of 28 State Owned Entreprises designated for Environmental and Social

Management Plan (ESMP) ........................................................................................................... 71

ANNEX 8: List of Stakeholders Involved in the RPF Consultation Process ............................... 72

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ABBREVIATIONS AND ACRONYMS ADB African Development Bank BP Bank Procedures EA Environmental Assessment EAA Environmental Assessment and Audit Department EAPM Environmental Assessment Procedures Manual EA/TRC Environmental Assessment Technical Review Committee EIS Environmental Impact Statement EMP Environmental Management Plan EPA Ethiopia Environmental Protection Agency ESD Department of Environment and Sustainable Development GEF Global Environment Facility IDA International Development Association kV Kilovolt

LI Legislative Instrument M&E Monitoring and Evaluation MEP Monitoring and Evaluation Plan MOE Ministry of Energy NCC National Commission on Culture NGO Nongovernmental organization OP Operational Policy OPN Operational Policy Note PAP Project Affected Persons PCDP Public Consultation and Disclosure Procedures PCR Physical Cultural Resources PER Preliminary Environmental Reports PIU Project Implementing Unit PPAH Pollution Prevention and Abatement Handbook RAP Resettlement Action Plan ROW Right of Way RPF Resettlement Policy Framework SEA Strategic Environmental Assessment TOR Terms of Reference

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PART I: BASIC INFORMATION

1. Country and Project Name:

Ethiopia: Private Sector Development Capacity Building Project – Proposed Additional Financing

Operation

2. Project Development Objectives:

The project development objective for the Additional Financing (AF) operation is to enhance

the competitiveness and growth of the light manufacturing industries in the Ethiopian economy;

and accelerate the process of divestiture of public enterprises. This goal will be achieved by (1)

bridging the financing gap for the implementation of its Privatization Program of commercial

public sector enterprises; and (2) augmenting the resources for the Ethiopian Competitiveness

Facility (ECF) that administers matching grants (MG) for exporting firms; and chambers of

commerce and sectoral associations. In addition, the AF proposes (i) to extend the ECF grants

to enterprises in light manufacturing industries that also cater to domestic markets on a

competitive basis, for products that would otherwise be imported; (ii) to provide support to the

recently established Ethiopian Public-Private Consultative Forum (EPPCF) Secretariat that aims

to address sector-specific and cross-cutting policy and implementation matters; (iii) to support

MoI‟s efforts to develop a Special Economic Zone Strategy, and framework for Ethiopia; and

(iv) to strengthen the existing Project Management and ECF units for successful

implementation of the program.

Responsible Government/Country Agency for RPF Implementation: FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

Ministry of Finance and Economic Development

Responsible Agency: Ministry of Industry/ Privatization and Public Enterprise Supervising Agency (PPESA)

Total Project Cost (USD million): US$15 million

IDA/IBRD (USD million): US$15 million

Government (USD million):

Other-Co-financing (USD million):

Country: Ethiopia Social Safeguards Specialist: Yasmin

Tayyab

Country Director: Kenichi Ohashi Task Team Leader:Asya Akhlaque

Project ID: P122463

Environment Category: B

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Year of project appraisal: 2011

Year of project closing: 2013

Safeguard policies triggered? Applicable

Environmental Assessment (OP/BP 4.01) [ X ] Yes [ ] No

Natural Habitats (OP/GP 4.04) [ ] Yes [ ] No

Forestry (OP 4.36) [ ] Yes [ ] No

Pest Management (OP 4.09) [ ] Yes [ ] No

Cultural Property (OP 4.11) [ ] Yes [ ] No

Indigenous Peoples (OP 4.10) [ ] Yes [ ] No

Involuntary Resettlement (OP 4.12) [ X ] Yes [ ] No

Safety of Dams (OP/BP 4.37) [ ] Yes [ ] No

Projects in Disputed Areas (OP/BP 7.60) [ ] Yes [ ] No

Projects on International Waterways (OP/BP 7.50) [ ] Yes [ ] No

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PART II: OBJECTIVES

The objectives of the Resettlement Policy Framework (RPF) are to:

Establish the Private Sector Development Capacity Building project resettlement and

compensation principles and implementation arrangements;

Describe the legal and institutional framework underlying Ethiopian approaches for

resettlement, compensation and rehabilitation;

Define the eligibility criteria for identification of project affected persons (PAPs) and

entitlements;

Describe the consultation procedures and participatory approaches involving PAPs and other

key stakeholders; and

Provide procedures for filing grievances and resolving disputes.

The RPF will apply to the privatisation of State Owned Entreprises. The list of State Owned

Entreprises concerned is provided in Annex 7. The procedures will be carried out throughout

preparation and implementation, and impacts of any potential resettlement will be included in

monitoring and evaluation (M&E). When a Resettlement Action Plan (RAP) is required, it will

be prepared in accordance with guidance provided in this RPF, including Detailed Measurement

Surveys, Identification (Census) of PAPs/displaced persons, and Public Consultation and

Disclosure Procedures (PCDP). The RPF follows the guidance provided in the World Bank

Operational Policy on Involuntary Resettlement (OP4.12), as described in Annex 1.

The RPF ensures that any possible adverse impacts of proposed project activities are addressed

through appropriate mitigation measures, in particular, against potential impoverishment risks.

These risks can be minimized by:

Avoiding displacement of people without a well designed compensation and relocation

process;

Minimizing the number of PAPs, to the extent possible;

Compensating for losses incurred and displaced incomes and livelihoods; and

Ensuring resettlement assistance or rehabilitation, as needed, to address impacts on PAPs

livelihoods and their well being.

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PART III: PROJECT DESCRIPTION AND RATIONALE FOR RPF

Description of project activities where the RPF will be applied:

The privatisation of State Owned Enterprises (SOEs) was initiated in the early 1990‟s after

Ethiopia instituted nation-wide economic reform. A liberalization policy, implemented to

expand the country‟s market economy, was supported by the creation in 2004 of the Privatization

and Public Enterprises Supervising Agency (PPESA) under the Ministry of Trade and Industry

(MoTI). Pursuant to Article 6 of Ethiopia Proclamation No. 412/2004, PPESA was mandated to

transfer selected state-owned enterprises to private ownership. As part of this process, a World

Bank-sponsored environmental audit was undertaken for 94 SOE‟s covering a full range of

industrial sectors across Ethiopia, including textiles, tanneries, cement, pharmaceutical,

breweries, food processing, construction. This audit program was implemented by an external

consulting company (Tecsult International Limited) who provided a combined audit team of

international and national environmental experts. Full and partial audits, with primary emphasis

put on key issues previously identified in a 2004 pre-audit report (by Sood, another consultant),

were undertaken in 2008-2009. Based upon site visits, selected local interviews and a review of

relevant documentation, audit findings were developed for each facility. Suggested

Environmental mitigation measures and/or corrective actions were provided where appropriate.

In particular, detail was provided for each major finding that involved legal non-compliance or a

major risk to the Environment, Health or Safety - for either the workers or the community.

Among the 96 audited SOE‟s, 28 were identified for further review of potential environmental

and social liabilities that present significant risks for any new private owners. These 28 sites

covered various sectors: agriculture, construction, chemicals, textiles, food, beverage, mining

and minerals. To attract private investors or buyers of the proposed facilities, an Environmental

Management Plan (EMP) was developed by PPESA, with the assistance of Tecsult International,

based upon the recommendations of the environmental audits. PPESA and Tecsult (using local

independent social survey crews) also determined whether privatisation of each of these SOE‟s

would trigger the World Bank OP 4.12 Involuntary Resettlement Policy. This was based on the

following:

(1) A rapid survey of 28 SOEs to determine if families, workers or other people are residing, or

using land/assets, or have access to such land/assets, or have income sources or means of

livelihood within the limits of the properties of each of these SOEs. This covered both

officially recognized and informal land-uses.

(2) An estimate of the approximate number of people who are in this situation (“Project Affected

People”) and summary of any key social issues.

The World Bank OP 4.12 Involuntary Resettlement Policy is triggered in full either because

more than 200 persons need to be resettled or because there will be loss of assets and/or means of

livelihood. Preliminary results indicate that this applies to all but 6 entreprises. During and after

the process of the privatization, there is the possibility in 22 SOE‟s that people‟s residence or

land-use - which can include both officially recognized and informal values - will be diminished.

It is in this context that a Resettlement Policy Framework (RPF) is required for the affected

people, as per the guidelines of OP 4.12.

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Note that, among the 28 SOE‟s, examples of recent or ongoing privatization were reported by

surveyors (Table 2).

Table 2: SOE Privatization already occurring, as observed by the Survey Team

Co

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Site Location Comments

A19 Middle-Awash Agricultural Dev’t

Enterprise Afar Amibara

Some of the farms were privatized (not surveyed because there were

new owners and no entity to be approached for a survey, e.g, Gewane,

Dofen-Bolamo.

A21 Fish Production & Marketing Ent.

Zeway & Langano

Privatized around 2008 SNNP Abaya

Addis Ababa

Bahir Dar Lake Tana Privately owned cafeteria

A23 Upper Awash Agro- Industry

Enterprise Oromia

One farm had been privatized namely Tibila

Land acquisition and resettlement impacts [Describe the activities that may require land take

or acquiring land and other assets; relocation or displacement of persons occupying or using

these lands and other assets]:

As of January 28th

2011, all 28 sites were visited by a social survey crew. Based on initial key

information phoned in to the survey coordinator, the following initial high-level conclusions can

be drawn regarding the order of magnitude of land acquisition and resettlement impacts:

In 6 SOEs, it was determined that no people were potentially affected by The Project in 6

sites. Based on information received and analyzed to date, World Bank OP 4.12 Involuntary

Resettlement Policy may not be triggered. A resettlement plan may not be required.

In 10 other SOEs, between 1 and 200 people could be affected by the Project in 4 - which

triggers the World Bank OP 4.12 Involuntary Resettlement Policy in each case. A summary

or full resettlement plan may be required.

In 12 other SOEs, more than 200 People are affected by The Project in 10, which also

triggers the World Bank OP 4.12 Involuntary Resettlement Policy. A full resettlement plan

may be required.

In summary, a total of 22 SOEs trigger World Bank OP 4.12 Involuntary Resettlement Policy.

Further detail is provided in Table 1 (below).

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Table 1: SUMMARY OF SOE SURVEY RESULTS - as of Jan. 28, 2011

Co

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Number of People affected by the Project

How people are affected

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A1 Awash Melkassa Aluminum Sulfate & Sulfuric Acid Adama Awash Melkassa X

A10 Agricultural Equipment & Technical Service Sh. Co. Addis Ababa Addis Ababa X X

A11 Abobo Agricultural Deve’t Enterprise Gambela Gambela X X X X X x

A12 Coffee Processing and Warehouse Enterprise Addis Ababa X

A13 Bale Agricultural Dev`t Ent Bale Robe X X X X

A14 Agricultural Input Supply Enterprise Addis Ababa X X

A15 Coffee Plantation and Dev’t Enterprise Oromia, Gambela & SNNP X X X X X X X X

A16 Arsi Agricultural Dev’t Enterprise Arsi Assela x x x x x x

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A17 Awassa Agricultural Dev’t Enterprise SNNP Hawassa X X X X X X

A18 Ethiopian Fruits and Vegetables Marketing Sh.Co. Addis Ababa X X

A19 Middle-Awash Agricultural Dev’t Enterprise Afar Amibara X X X X X

A2 Adami Tulu Pesticide Processing Sh. Co. Zeway Adamitulu X

A20 Semen-Omo Agricultural Dev’t Enterprise SNNP Arbaminch X X X X X X X

A21 Fish Production & Marketing Ent. 1

Zeway & Langano X

SNNP Abaya X X

Addis Ababa X X

Bahir Dar Lake Tana X X X X

A22 Natural Gum Production & Marketing Ent. Nazareth X

A23 Upper Awash Agro- Industry Enterprise Afar & Oromia X X X X X X X

A3 Caustic Soda Sh. Co. Zeway

B24 Assela Malt Factory Arsi Assela X

B25 Bedele Brewery Sh. Co. Bedele X

B26 Harrar Brewery Sh.Co. Harrar X X

B4 Adola Gold Development Enterprise Borena Oddo Shakisso X X X X X X X

B5 Ethiopia Mineral Development Sh. Co. SNNP Kentiticha X X X X X

C27 Tabor Ceramics Sh. Co. SNNP Hawassa X

C6 Awassa Textile Sh. Co SNNP Hawassa X X X X X

1 A21 - Fish Production & Marketing Ent.) had 4 locations far from each other, including 2 where the local survey team indicated that no people were affected by the project.

For the purpose of assessing the applicability of the World Bank OP 4.12 Involuntary Resettlement Policy, the A21 sites were considered as a single enterprise. As such, none of its different locations are tabulated among the sites having no people affected by the Project.

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C7 Bahir Dar Textile Sh. Co Bahir Dar X X X X

C8 Combolcha Textile Sh. Co Kombolcha X

C9 Arbaminch Textile Sh. Co SNNP Arbamich X X X X X

D28 Hamaressa Edible Oil Sh. Co. Harrar X X

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Consultation Processes

The survey results were not based on a census and should be considered as an approximation.

The survey team did not actually see or count all people affected. The study relied instead on

stakeholder consultation (i.e. interviews with key contacts) and observation by research team.

This included representatives of each of the 28 SOEs and in one or two other sites members of

the local community, thus became the basis for preparation of the RPF. The results of the social

audit were also discussed with PPESA. Refer to Annex 8 for a detailed list of stakeholders

consulted.

A more detailed summary of key issues for each SOE surveyed is presented below.

Summary of Social Audit Findings of 28 SOE (January 2011)

CHEMICAL SECTOR

Adami Tulu Pesticide Processing Sh. Co

This SOE is located in Adami Tulu Liyu Kebele 01, Batu Town, Adami Tulu Jido Kombolcha

Woreda, East Shoa Zone of Oromia Regional State. It has a total area of 131,000 square meters.

The social audit findings are summarized as follows:

1. No legal or illegal inhabitant within the demarcated boundaries of the company.

2. Eighty-four employees of the company run a dairy farm (14 milk-cows and 10 calves at

the time of the visit) on site under a Micro and Small Enterprises scheme.

3. Two hectares of land cultivated to grow maize and soybean for cattle feed.

4. The dairy farm cows and calves graze within the demarcated boundaries of the company.

5. No public or private infrastructure on site.

Caustic Soda Sh. Co

It is located in Kebele 01, Batu Town, Adami Tulu Jido Kombolcha Woreda, East Shoa Zone,

Oromia. It has a total area of 262,300 square meters. The social audit findings are summarized as

follows:

1. No illegal inhabitant within the demarcated boundaries of the company.

2. At the time of the social audit, seven out of twelve staff residential houses are

occupied by top management and Dept. heads of the factory.

3. Some of the management staff who reside in the company houses grow small garden

(fruits, vegetables and crops such as maize).

4. It was reported some low-paid employees (e.g., guards) collect firewood from within

the boundaries of the company.

Awash Melkassa Aluminum Sulfate and Sulfuric Acid

It is located in Awash Melkassa village 115 km to the South East of Addis Ababa, Oromia. It has

a total area of 15 hectares. Briefly, the social audit can be summarized as follows:

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1. No legal or illegal inhabitant on the factory site except two key persons for the factory

who reside in houses provided by the factory.

2. No private infrastructure or dwelling on the site.

3. About 320 households of Awash Melkassa village benefit from water wells and a health

center of the factory.

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MINING AND MINERALS SECTOR

Adola Gold Enterprise

It is located 525 km to the South East of Addis Ababa in Borana Zone of the Oromia National

Regional State. It covers an area of 71km2. The major observations of the social audit as follows:

1. There are about 900 households living illegally on the site designated for the production

of gold.

2. They use the area both for farming and grazing. The farming activity is limited and is

used as a cover for mining gold.

3. The 900 households are spread over three different locations usually in temporary plastic

houses.

4. There is an infrastructure for the supply of water and electricity on the site.

Ethiopian Mineral Development Share Company

The Ethiopian Mineral Development SC has two sites in Borana Zone of Oromia, one in Mea

Boku (Boanbua Wuha) and another in Kenticha. The one at Mea Boku produces kaolin used in

the production of ceramic tiles, while the other one produces tantalum.

1. Kenticha is located 550 km away from Addis Ababa. It has a total area of 5.90 km2.

Basically no encroachers except that some young persons occasionally engage in mining

of tantalum owing to the lucrative income that it could bring. The public infrastructures

that inhabitants of the surrounding villages benefit from are a clinic, a primary school, an

ambulance service and the supply of water and electricity.

2. Mea Boku is located 420 km to the South East of Addis Ababa. The mining area covers

4.50 km2. Farmers from the surrounding villages, (about 50 households) use the farming

area for crop production and grazing. The public infrastructures that inhabitants of the

surrounding villages benefit from include a clinic and an ambulance service during

emergency.

TEXTILES SECTOR

Kombolcha Textile Sh. Co

The Company, with a total area of 436,000m2, is located in Kombolcha 04 Kebele, Kombolcha

Woreda, South Wollo Zone, Amhara Regional State. The social audit of the factory can be

summarized as follows:

1. The factory has 1141 permanent and 80 contract workers, and 467 daily laborers.

2. There was not any illegal inhabitant in the demarcated boundaries of the factory.

3. There were legal inhabitants in the factory camp site and they are all factory workers

residing in the houses provided by the company.

4. There was not any activity like planting fruit tree, breeding milk-cows and gardening on

site.

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5. The factory has a cafeteria and shop which provide services to its employees and the

surrounding community.

6. No private infrastructures on site.

7. The factory has supported the neighboring kebeles in building a small (mini) clinic and

small bridge.

Bahir Dar Textile Sh. Co

Bahir Dar Textile SC is located in Bahir Dar town, the capital of Amhara Regional State. The

Company has 187,908 square meters of land.

1. There are 63 houses built and provided by the Company to its employees. Most of these

households have their own little cultivation where they produce varieties of vegetables.

The sum of these cultivated areas may be about half a hectare.

2. A variety of trees are grown on the site for shade, beautification as well as for fruits.

3. There is no natural resource found (so on far) on the site.

4. There is one cafeteria with all its facilities, including swimming pool, which is open to

the public.

5. There is no private infrastructure within the boundaries of the company.

Arbaminch Textile Share Company

With a total area of 171,520 square meters, Arbaminch Textile Share Company is located on the

outskirts of the town of Arbaminch in Southern Nations, Nationalities and Peoples Region

(SNNPR). Well-fenced and guarded, there is no illegal occupant and no trace of passer-bys as

such. Its products are available in the market and therefore no benefit accrues directly to the local

community. The management personnel resides in the Company houses and cultivates about 80

square meters of land with fruit trees. Grasses grown in the Company are often sold to any dairy

producer that offers a competitive price.

Hawassa Textile Share Company

Located in the industrial zone of Hawassa, the capital of the Southern Nations, Nationalities and

Peoples Region (SNNPR), Hawassa Textile Share Company has a total area of 350,000 square

meters. Company workers residing on site in the houses provided by the company grow some

crops (e.g., maize) on about 1/8th

of a hectare. There is no illegally occupied land. Few fruit trees

are available and utilized by Company workers. There is no public or private infrastructure on

the site.

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AGRICULTURE SECTOR

Bale Agricultural Development Enterprise (BADE)

Currently, there are four state owned farms under BADE, whose head office is located in Robe,

the Zonal town of Bale, Oromia. The four farms are: (i) Sinana; (ii) Robe; (iii) Hunte; and (iv)

Heraro. The four farms have a total area of 12,091.21 hectares. The social audit of the farms can

be summarized as follows:

1. There was not any illegal inhabitant in the demarcated boundaries of each of these farms.

2. There were legal inhabitants in the farms‟ camp sites and they are all farm workers

residing in the houses provided by the respective farms.

3. Most of the farm workers who live in camp in houses provided by the farms grow small

garden (fruit trees and vegetables) and keep one or two milk-cows.

4. Residents of the surrounding villages use the farm lands as grazing after harvest in all the

farm sites.

5. The households from the surrounding villages using the farm lands as grazing could

reach several thousands. For instance, over 40,000 households use Robe farm land as

grazing between January and mid-May.

6. The farms have clinics, cafeteria, shops and flour-mills which provide services to their

employees and residents of the surrounding villages at fair price.

7. The schools located in the farm camp site, with the exception of Robe Farm, are

supported by the farms, primarily in providing accommodation for the teachers and by

farming their lands.

8. People who live in the villages surrounding the farms benefit a lot from collecting grain

left in a harvest field (qarmii guuruu) and straw during the harvest season.

9. In one of the farms, people from the surrounding villages use well water developed by the

farm.

Arsi Agricultural Development Enterprise (AADE)

The Head Office of Arsi Agricultural Development Enterprise is found in Assela town of Arsi

Zone, Oromia. The four farms under the Arsi Agricultural Development Enterprise are Arba

Gugu (600 hectares), Geredela (2529 hectares), Gofer (2400 hectares) and Lole (2417.26

hectares). Hence the total area under the AADE is 7937.26 hectares. The major observations

from the social audit include:

1. With the exception of Lole there are encroachers on the farms.

2. Lole provides services like clinic, primary school and ambulance to the surrounding

villages.

3. Farmers from the surrounding villages use the farms after harvest for grazing and

collecting straw.

4. In the other three farms close to 400 households use the farm land either for farming or

grazing.

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5. The land that is used either for farming or grazing in the three farms could be up to 350

hectares.

Abobo Agricultural Development Enterprise

It is located at Abobo, 44 kilometers east of Gambella town in Gambella Regional State. It has a

cotton farm and a cotton processing factory (ginnery) in Gambella town. The farm and the

factory have 4000 hectares and 65000 square meters total areas, respectively. The social audit of

the enterprise can be summarized as follows:

1. There were 27 illegal inhabitants in Abobo farm. The farm has neither official

boundary demarcation nor a map.

2. The factory has a clearly demarcated official boundary as well as a map. 3. There were legal inhabitants in the farms‟ camp sites and the factory, and all of them

are employees of the farm and the factory. 4. Many of the farm workers who live in camp grow small garden (sorghum and maize)

and keep a few milk-cows. 5. The surrounding villages, people from Abobo town and the employees of the farm use

a land left fallow by the farm for grazing. 6. The farm has only a hand pump for drinking water used by the employees and the

illegal inhabitants.

Middle Awash Agricultural Development Enterprise (MAADE) The Enterprise‟s HQ and the farms and a ginnery it manages are located in Afar Region, Zone

Three, Amibara Woreda. The Enterprise also has a Logistics/coordination office in Addis Ababa

located in Gottera area in Addis-Mojo Edible Oil Company‟s building.

Currently, the enterprise manages three state owned cotton farms viz. (i) Melka Sedi; (ii) Melka

Worer and (iii) Sidaha Fagie and a ginnery. Other farms mentioned in the original list such as

Gewane-Angelele, Dofen–balemo and Amibara have already been given to locals or sold to

private investors several years back. According to Ato Wubshet (the Manager of Middle Awash

Agricultural Development Enterprise) and Ato Tamirat (site representative) these farms are

divided among many owners and consequently, there is no single entity to be approached for

information. Therefore, the survey team conducted a social audit only for the three cotton farms

still owned by the state as listed above, a ginnery and the HQs site of the enterprise at Melka

Sedi (five sites in total). Each of these farms is headed by managers whom we contacted through

site representative to fill in the checklists and conduct site visit. The enterprise‟s current total

land holding is reportedly 6098 hectares.

The Social audit of the farms, a ginnery and the HQ site is summarized as follows:

1. There were illegal inhabitants in the demarcated boundaries of all the farms under the

enterprise, but the HQs and the ginnery compounds.

2. There were legal inhabitants in the farms‟ camp sites in the houses provided by the

enterprise (farms), all farm employees. The same camp sites also host large numbers of

illegal inhabitants who have set up their own dwelling units. Some are nomadic huts of

the local Afar community while others are permanent structures established by migrants.

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3. Some of the farm workers who live in camp also engage in petty trade such as shop, tea

rooms and other businesses.

4. Residents of the surrounding localities use the farm fields as post-harvest grazing land in

all the farms we visited. Pathways and roads inside the boundaries of the farms are used

by humans and cattle of the local communities.

5. The households using the farm fields as seasonal grazing land could reach thousands.

6. There were local people who engage in agriculture inside the boundaries of the farms.

7. People also make a fairly liberal use of pathways inside the camps and farms‟ boundaries

both for human beings and their livestock.

8. The farms have clinics, schools and water distribution points which provide services to

their employees and residents of the surrounding areas.

9. People in the surrounding localities benefit a lot from the canals inside the boundaries of

the farm for various purposes: drinking, washing, livestock watering (probably the most

important) and irrigation.

Upper Awash Agro-industrial Development Enterprise (UAAIDE)

UAAIDE is located in two zones of Oromia National Regional State. One of its farms (Merti

Jeju Farm), a factory (Merti Vegetables and Fruits Processing Plant) and the HQ of the enterprise

are located in Merti Woreda of Arsi Zone. Merti Farm, however, has one of its sub-farms in Jeju

Woreda of the same zone. The Nura Era Farm, on the other hand, is located in Boset Woreda of

East Shewa Zone. The Enterprise also has a Logistics Office located in Addis Ababa around

Saris Abbo area. The survey team made first contact with the enterprise‟s Logistics office in

Addis, through which the letter from PPESA was sent to Merti HQs.

Out of the five entities listed under Upper Awash Agro-Industrial Development Enterprise (in

the original list of the SOEs for which social audit was to be carried out) two, namely Tibila

Farm and Awara Malka Farm, are no longer controlled by the enterprise. Awara Melka Farm

has been transferred to Metahara Sugar Company while Tibila has become a share company in

which PPESA is a minority (about 13 %) share holder under a new name: Africa Juice Tibila

Share Company. After serious negotiation, and thanks to the goodwill of the company Manager,

we somehow managed to carry out social audit of this company.

On the other hand, our attempt to conduct the social audit of the Awara Melka farm did not

materialize. The survey team traveled to Awara Melka, approached the administrator of the farm

and requested for permission to conduct the social audit. The administrator declined our request

indicating that the farm is no longer under UAAIDE and could not be audited under it. He also

insisted that the letter written by PPESA to the UAAIDE could no be used to seek permission to

audit the farm. Our attempt to approach Metahara Sugar Company to seek permission to access

Awara Melka Farm also did not materialize as the guards refused to let us in without a letter.

In general, the survey team carried out social auditing of five major sites, namely (i) Merti Jeju

Farm; (ii) Nura Era Farm; (iii) Africa Juice Tibila Share Company (iv) Merti Vegetable and

Fruits Processing Plant (MPP) and; (v) Upper Awash Agro Industrial Development Enterprise

HQs site at Merti. The enterprise‟s total land area under these entities is about 4977 ha

(excluding the Tibila Farm).

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The social audit of the farms and the processing plant can be summarized as follows:

1. There were illegal inhabitants in the demarcated boundaries of all the farms (reported and

observed as well) except the processing plant‟s compound and the HQs.

2. There were legal inhabitants in the farms camp sites. They constitute two categories viz.

(i) farms‟ workers who live in the houses provided by the farms and ; (ii) retired farm

workers who have been allowed to set up their dwellings and live within the farms‟

demarcated boundaries on condition that they would leave when requested to do so by the

enterprise. The camp sites owned by the farms contain large number of non-farm worker

residents. Some of these camps are being converted into small towns that serve both the

farm workers and other (illegal) residents.

3. Many of the workers of the farms engage in petty trade, livestock raising, and use the

land inside the enterprise‟s demarcated boundaries for temporarily piling up the harvest

and then threshing crops they share-cultivate outside the enterprise‟s demarcated

boundaries. We have observed a number of cattle enclosures used by farm workers and

retired farm workers inside the boundaries of the farms.

4. Residents of the surrounding villages extensively use farm fields as post-harvest grazing

lands in all the farms visited.

5. Households using the farm land in this way could reach several thousand as judged from

the number of livestock the survey team observed in the fields.

6. Pockets of uncultivable lands inside the boundaries of the farms are also used for grazing

by the surrounding communities. This use of land appears to be significant.

7. Pocket of lands inside the boundaries of the farms were also used for agriculture by

farmers in the neighboring villages who also use water from the canals of the farms to

irrigate their farm fields.

8. The farms have clinics, shops, flour- mills, schools and water pumps which provide

services to the farm workers as well as to the surrounding communities. Some of the

schools and clinics are constructed by the government while others are constructed by the

farms.

9. There are also religious institutions and businesses run by some of these institutions

inside the boundaries of the farms (public infrastructure?)

Coffee Plantation and Development Enterprise

a) Limmu Coffee Plantation Enterprise

There are seven state-owned farms under Limmu Coffee Plantation Enterprise, whose head

office is located in Jimma town. The seven farms are (i) Gomma 1, (ii) Gomma 2, (iii) Kossa,

(iv) Suntu, (V) Gummer, (vi) Gojeb and (vii) Chalalaki. The total area of the seven farms is

11,181 hectares. The Social audit of the farms can be summarized as follows: 1. There were more than 200 illegal inhabitants (households) within the farms‟ temporarily

demarcated boundaries.

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2. There were thousands of legal inhabitants in the farms‟ camp sites and all of them are employees of the farms.

3. Many of the farm workers who live in houses provided by the farms grow small garden

(fruit trees and crops) and keep one or two milk-cows.

4. Most of the farms have put aside small hectarage of grazing land for their workers and

the residents of the surrounding villages.

5. The households using the lands inside the farms‟ boundaries as grazing could reach

several thousands. For instance, about 4500 households use Suntu farm land and it is

expected more than that number is using the Gojeb farm land for grazing.

6. The farms have clinics, kindergartens, schools, cafeteria (recreational centers), flour-

mills, workshops, roads, and transportation services - which, in emergency, provide

services to their employees and residents of the surrounding villages.

7. In all of the farms, the surrounding villages use water springs located inside the farm

boundaries.

8. Only in one of the farms (Gojeb), the surrounding villages practice fishing inside the

farm boundaries.

b) Bebeka Coffee Plantation Enterprise

There are four farms under Bebeka Coffee Plantation Enterprise, whose head office is situated at

Bebeka, inside the plantation site, 35 km from Mizan Teferi town. The four farms are: (i) Farm

1, (ii) Farm 2, (iii) Farm 3, and (iv) Farm 4, and have the total area of 8513.66 hectares. The

social audit of the farms can be summarized as follows:

1. There were more than 200 illegal inhabitants (households) within the farms‟

demarcated boundaries. 2. There were thousands of legal inhabitants in the farms‟ camp sites. While the

overwhelming majority is employees of the farms, there are many traders and teachers who live in the compounds based on agreements with the enterprise. Besides, 60 workers of the state owned National Nucleus Project that produces inputs for tyre production were also based in the camp with the consent of the enterprise.

3. Many of the farm workers who live in camp in houses provided by the farms grow

small garden (fruit trees and crops) and keep one or two milk-cows.

4. Most of the farm lands have put aside small hectares of grazing land for their workers

and the residents of the surrounding villages.

5. The farms have clinics, kindergartens, schools, cafeterias (recreational centers), flour-

mills, roads, and transportation services in emergency cases and electricity supply for

their employees and residents of the surrounding villages.

6. Only one farm allows the surrounding villages to use spring water inside the

boundary of the farm and in another farm the surrounding villagers produce gravel for

sale.

c) Teppi Coffee Plantation Enterprise

There are five farms under Teppi Coffee Plantation Entreprise, whose head office is situated in

Teppi town. The five farms are called: (i) Farm 1, (ii) Farm 2, (iii) Farm 3, (iv) Farm 4, and (v)

Farm 5 and have a total area of 8569.24 hectares. The social audit of the farms can be

summarized as follows:

1. There was not any illegal inhabitant residing in the farms‟ demarcated boundaries.

2. There were thousands of legal inhabitants in the farms‟ camp sites. While the

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overwhelming majority is employees of the farms, there are around 100 traders and

teachers who live in the compounds with the consent of the enterprise.

3. Many of the farm workers who live in houses provided by the farms grow small

garden (fruit trees and crops) and keep one or two milk-cows.

4. All of the farms have allocated small hectares of grazing land for their employees‟

milk-cows. Except Farm 1, the other farms do not allow the surrounding villagers to

enter their demarcated boundaries for grazing.

5. The farms have clinics, kindergartens, schools, cafeterias (recreational centers), flour-

mills, roads and electricity supply for their employees and residents of the

surrounding villages. Two farms have churches in their compounds and one farm

provides the surrounding village with pipe water.

6. All the farms have spring water inside their boundaries, which are mostly used by

their employees and other legal inhabitants and in few instances also by the

neighboring villagers.

Coffee Processing & Warehouse Enterprise

It is located in Addis Ababa, Nifas Silk Lafto Sub-city, Kebele 10/18 (opposite St. Joseph

Church). The enterprise has a total area of 50,800 square meters. The major observations of the

social audit include:

1. No legal or illegal inhabitant within the demarcated boundaries of the enterprise.

2. No legal or illegal dwelling constructed inside the boundaries.

3. No crops, no grazing lands, no trees and no natural resources inside the enterprise

boundaries.

4. No public or private infrastructure on the site.

Agricultural Equipment and Technical Service Sh. Co

The Share Company‟s Head Office is located in Woreda 6 of Akaki-Kaliti Sub-city, Addis

Ababa. It has two branches in the city, i.e., chemical store and a training center. The Company

has a total area of 114,845 m2 (head office at 96311 m

2; chemical store at 13,019 m

2; and

training center at 5,515 m2).

The Company has rented some of its holding (space) to three other companies, which run various

business activities, one in fact developing new structure for indoor games and recreational

activities.

The Company has a total of 469 permanent and 8 contract workers. Moreover, it hires 5 to 6

daily laborers a day during rainy seasons to trim the grass on the compound and 90 – 100 people

during the annual inventory (June to August). There are also some daily laborers who get hired

whenever the need arises for loading and unloading work.

The company participates in local development activities such as gravel road maintenance,

donating used computers to schools and providing some material support to disabled people. The

company has a cafeteria run by a trade union which serves the employees of the company as well

as the surrounding community. A variety of foods and hot and soft drinks are available at fair

price. The Company hall with a capacity of 800 - 900 seats is accessible to the surrounding

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community at a reasonable rate for important family events such as wedding ceremonies, etc.

Finally, there are no legal or illegal inhabitants or public infrastructure inside the boundaries of

the company.

Agricultural Inputs Supply Enterprise

It is located in Addis Ababa, Akaki Kaliti Sub-city, Kebele 12/13. The Enterprise has a total area

of 18847 square meters. The Enterprise has 7 warehouses in other towns, namely, Nekemte,

Adama, Bahir Bar, Kombolcha and Shashamane. The findings can summed up as:

1. No legal or illegal inhabitant within the demarcated boundaries of the enterprise.

2. No legal or illegal dwelling constructed inside the boundaries.

3. No crops, no grazing lands, no trees and other natural resources inside the enterprise

boundaries.

4. There is 1 cafeteria which gives service for the employees and other people living around

the enterprise.

5. No private infrastructure on the site.

Fish Production and Marketing Enterprise

This Enterprise, whose, 7500 square meters, head office is located in Addis Ababa, Akaki Kaliti

Sub-city, Kebele 12/13, has three branches, namely Bahir Dar in Amhara Region, Zeway in

Oromia, and Arbamich in SNNPR. The three branches of the enterprise use different water

bodies for fish supplies, which they buy from fishers from the surrounding areas, both rural and

urban. Depending on how the Enterprise‟s boundaries are defined and their access to the water

bodies from which people fish, the number of people likely to be affected by the project varies.

The area of land they claim also varies. For instance, the Arbaminch branch claims that both

Chamo Lake and Omo River belong to the Enterprise, for that matter they claim all water bodies

in the country invoking the provisional decree 178/1986. The Zeway branch on the other hand,

produced a legal document showing its possession of land amounting to only 5000 square

meters, and the Bahir Dar branch, 16,000 square meters.

The major points are:

1. Depending on how the Enterprise‟s boundaries are defined, there might be people

affected by the project.

2. The level of impact on the fishers who supply fish to the Enterprise‟s various branches

can not be determined at this stage.

3. Assuming that Arbamich branch‟s claim to Chamo Lake and Omo River does not have

legal basis, there are no legal or illegal inhabitants within the demarcated boundaries of

the enterprise.

4. The Bahir Dar branch reported that „The Regional Fish Research Center‟ and the „Fisher

Men‟s Association‟ are located within its demarcated boundaries.

5. The „The Fisher Men‟s Association‟ has about 200 members who predominantly depend

on fish production and sale for living.

6. There is one cafeteria which gives service to the employees and other people living

around the enterprise in the Enterprise‟s Bahir Dar branch.

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7. No reported or observed legal or illegal dwelling constructed on the site.

8. No private infrastructure on the site.

Natural Gum Processing and Marketing Enterprise

It is located in Adama town with its stores located in Kebele 04 and 15. It has a total area of

22,909 square meters.

1. No illegal or legal inhabitant within the enterprise‟s demarcated area.

2. No dwelling (legal or illegal) constructed inside the enterprise‟s boundaries.

3. No cultivated and grazing land inside the enterprises boundaries.

4. No cattle trail crossing the enterprise‟s boundaries.

5. No public infrastructure of the enterprise is used by the surrounding community.

6. No private construction inside the enterprise‟s boundaries.

Ethiopian Fruits and Vegetables Marketing Sh. Co

The Company is located in Kebele 28, Kirkos Sub-city in Addis Ababa and has a total area of

7404 m2. The social audit findings of the company are summarized as follows:

1. The Company has two distribution centers in Addis Ababa, each distribution center with

its own stores.

2. The Company bought its property 7 months ago under the collateral agreement with

Abyssinia Bank after its old holdings had been demolished by the city administration.

3. The Company has rented out some office space at the head office on the 2nd

floor to

Ethio-Investment Group (a business company). In addition, some spaces are rented by the

Abyssinia Bank.

4. The Company has a total of 240 permanent and 110 contract workers and 60 daily

laborers. Moreover, it also employs casual laborers for activities such as packing sugar

and loading and unloading work.

5. There are no legal or illegal inhabitants in the compound of the company.

Semen Omo Agricultural Development Enterprise (SOADE)

Located in the SNNPRS, SOADE was organized into several state-owned farms. Presently, these

farms are in turn organized either as Agricultural Development Enterprises or PLC, namely (1)

Abaya (1,232 hectares), (2) Arbaminch (805 hectares), (3) Sille (1,475 hectares), and (4) Frieal

Farming and Processing PLC (30,000 hectares). Each farm has a defined territory, business

plans and operational activities. Over time, however, there has been a change from state to non-

state ownership on the basis of either short-term or long-term lease arrangements. Despite such

change, most farms have retained their previous workers as well as production systems. A few,

for instance Frieal Farming and Production Enterprise, have modified and/or changed the type of

crop produced from annual to perennial.

The following key observations can be noted as major features of the SOADE:

1. Many illegal occupants of the lands exist either with a nominal agreement of the farms

themselves or otherwise.

2. Illegal occupants have farm plots or grazing lands.

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3. Conflicts between illegal occupants of lands and the farms over land and other resource

have led either to court cases or serious contradictions.

4. Farm workers have been legally given residential units where some kind of cultivation

and animal rearing is practiced.

5. During and after crop harvest, both illegal and legal occupants are allowed to graze their

animals on crop residues as well as to collect grain left in a harvest field.

6. Surrounding communities are at times allowed to utilize some facilities and services

owned by the farms.

7. Both illegal and legal occupants of the lands of the farms are allowed to purchase farm

products sold by the farms at farm gate price.

Hawassa Agricultural Development Enterprise

Billito Siraro Farm under Hawassa Agricultural Development Enterprise is located in the

Southern Nations, Nationalities and Peoples Region, about 273 km to the south of Addis Ababa.

The farm has a total area of 3,000 hectares. The major observations are the following:

1. There are both legal and illegal inhabitants, and about ten hectares of cultivated land

other than the farm‟s own cultivated land.

2. In addition to post-harvest grazing on all farmlands of the enterprise, about twenty

hectares is reported as illegal grazing land.

3. Approximately 20,000 people collect grain left in farm field after harvest.

4. There are multi-purpose trees (i.e., as shade and as food) within the demarcated

boundaries of the farm, and an estimated 120 people are reportedly using the trees as

means of substance or income.

5. Public infrastructures such as school and health post serve both farm employees and the

community from the surrounding villages.

BEVERAGE SECTOR

Assela Malt Factory

Assela Malt Factory, with a total area of 18 hectares, is located on the outskirts of Assela town

158 km to the south-east of Addis Ababa.

1. It is a fenced area that is not accessible to anybody outside the factory.

2. Two persons, only the General Manager and the Production Manager, reside on the

site of the factory.

3. There is no public or private infrastructure on the farm.

Bedele Brewery

It is located in Bedele town, Illu Ababor Zone, 483 km to the west of Addis Ababa in Oromia

National Regional State. It has a total area of 250,000 square meters.

1. There was not any illegal inhabitant in the Brewery‟s demarcated boundaries. 2. There were legal inhabitants in the brewery‟s camp site and all are employees of the

Brewery.

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3. There was not any farm or grazing land in the demarcated and well-fenced boundary

of the Brewery.

4. There is a cafeteria which is accessible both to the employees and people from outside.

Harar Brewery

The Harar Brewery is located in Harar town 525 km to the East of Addis Ababa. The

Factory‟s total area is 11 hectares.

1. There are no residents on the Factory‟s site.

2. There are no private infrastructures on the site.

3. The Factory occasionally provides water to the residents around the Factory during

the chronic shortages of water of Harar town.

4. About four peasant associations through which the Factory‟s water supply passes use

the water with the consent of the Factory.

FOOD SECTOR

Hamaressa Edible Oil Share Company

The Hamaressa Edible Oil SC is located in Harar Town, about 525km to the east of Addis

Ababa. The company has a total area of about 46 hectares.

1. There are no residents (legal or illegal) on the Factory‟s site.

2. There are no private infrastructures on the site.

3. Some peasant associations get water from the Factory‟s water supply.

CONSTRUCTION SECTOR

Tabor Ceramics Share Company

Tabor Ceramics Sh. Co. is located in the town of Hawassa with an area of 260,000 square

meters. It is the only Company of its kind in the country. It is fenced on all sides, as a result there

is little intrusion from outside. There are a few management personnel that reside in the

Company compound and none of them has individual use of Company land. Fruit trees utilized

by the Company workers in the past are cut down. The surrounding community seems to have

enjoyed preferential employment opportunity offered by the Company.

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PART IV: LEGAL AND INSTITUTIONAL FRAMEWORK

This RPF will apply the laws, legislation, regulations, and local rules governing the use of land

and other assets in Ethiopia. This legal and institutional framework is presented in five sections:

(i) Political economy and governance in Ethiopia; (ii) Property and land rights, as defined by

Ethiopian law and customary practice; (iii) Acquisition of land and other assets, including

regulations over the buying and selling of these assets; (iv) Entitlement and compensation, in

particular, the accepted norms influencing peoples‟ basic rights to livelihood and social services;

(v) Dispute resolution and grievance mechanisms, specifically the legal and institutional

arrangements for filing grievances or complaints and how those grievances are addressed

through formal and informal systems of dispute resolution; and (vi) Comparison with World

Bank OP4.12, using equivalence and acceptability standards.

i) POLITICAL ECONOMY AND GOVERNANCE IN ETHIOPIA

Land rights in Ethiopia do not explicitly provide private property rights. After the

Proclamations No. 31/1975 and 47/19752, ownership of land was vested in the State, and

Ethiopian citizens were given various forms of use-rights (usufruct) over land and other

resources. Accordingly, 1995 Constitution Article 40(3) recognizes land as a common property

of the Nations, Nationalities of, and peoples of Ethiopia and prohibits sale or any other exchange

of land.

In some cases, the user of land has ownership of his/her possessions with the right to benefits

from the fruits of his/her labor. This includes crops, perennial crops, tress for timber, etc. found

on the land or any other permanent fixtures such as residential house, business installations,

stores and fences, amongst others (Proclamations No. 31/1975 and 47/1975). 1995 Constitution

Article 40(7) reiterates and furthers this point by stating, “Every Ethiopian shall have the full

right to the immovable property he builds and to the permanent improvements he brings about on

the land by his labour or capital. This right shall include the right to alienate, to bequeath, and,

where the right to use expires, to remove his property, transfer his title, or claim compensation

for it.”

Regional states are responsible for administering land, enacting law that is in conformity with the

provisions on environmental protection and federal utilization policies (Proclamation No.

89/1997 and Proclamation No. 456/2005 Article 17(1)). Additionally, Zikre Hig Regulation No.

6/2002 provides for the lease holding of urban land for a specific period of time, and also

regulates the lease period for different functions, grade of land and payment of lease. Lastly, the

2 Before 1975, the 1960 Civil Code of the Empire provide for private land ownership. As this

law has been overruled by these laws and Proclamation No. 455/2005 regarding compensation, it

should not serve as the legal framework for resettlement.

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law regulates manners of expropriation of land and designates land that can be expropriated for

public use without payment of compensation.

These rights over “holding land” are open-ended (no time limit on this usufruct), subject to a

proof of permanent physical property, ability to farm continuously and meet administrative dues

and obligations (1995 Constitution Article 40(3)). Furthermore, Proclamation No. 89/1997

confirms and details the Constitutional principle that holding rights on land can be assigned to

peasants and nomads, and that these are to be secured from eviction and displacement. 1995

Constitutions Articles 40(4) and 40(5) provide for free land without payment for farmers and

pastoralists. Lastly, Proclamation No. 80/1993 allows companies to attain access to land through

auction, allocation, or lottery, similar to individuals.

Overall, the Constitution protects against unlawful seizure of property, stating “Everyone shall

have the right to his privacy and physical integrity. This right shall include protection form

searches of his person, his home, his property and protection from seizure of property under his

possession” (1995 Constitution Article 26). “Landholder” means an “individual, government, or

private organization or any…other…organ which has legal personality and has lawful possession

over the land to be expropriated and owns property situated thereon” (Proclamation No.

455/2005 Article 2(3)).

The key institutional actors involved in resettlement are the local governments of Ethiopia at the

woreda, urban administration, and kebele levels. This keeps in line with the Government‟s

policy of decentralization. The responsibilities of the federal and regional governments are

confined to the actual project‟s implementation. Agencies that tend to be included are the federal

and regional Ministries of Finance and Economic Development and the ministries associated

with the sector of the project.

Local governments implement most aspects of a RAP, as shown in the following:

Committee

Representatives

Woreda Compensation and Resettlement Committee • Woreda Administrator

• Woreda Office of Finance and Economic Development

• Woreda Officer for Agriculture and Rural Development

• Woreda Capacity Building Department

• Woreda mobilization office

• Representative from local NGO or CBO

• EPLAUA representative

Municipality Compensation and Resettlement Committee • Mayor or Town Administrator (Chairperson)

• Town Engineer/ surveyor

• Mobilization officer;

• Capacity Building Department

• Representative from local NGO or CBO

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Kebele Compensation and Implementing Committee

(Rural)

• Kebele Administrator (Chairperson);

• Kebele Development Agent (extension worker);

• Representative of PAPs;

• Village Elder / Leader (rotating position with one Leader

representing a number of villages and attending in rotation,

depending on the village and affected party being dealt

with);

• Representative from local NGO or CBO

Kebele Compensation Committee (Urban) • Kebele Administrator (Chairperson);

• Municipality Engineer;

• Representative of PAPs;

• Representative from local NGO or CBO

The Woreda and Municipal Committees are responsible for:

evaluating the projects and determining if a RAP is necessary, establishing kebele level

committees;

clarifying the polices to the kebele compensation committees;

establishing standards to unit rates of affected assets and compensation estimates

according to the guidelines in the RPF;

coordinating and supervising implementation by kebele compensation committees as

stipulated in the RPF and federal and regional guidelines;

ensuring that appropriate compensation procedures are followed; and

overseeing the project‟s requirements related to social impacts included resettlement and

compensation.

The local Kebele Committees are responsible for:

validating inventories of PAPs and affected assets;

allocating land where required to permanently affected households;

monitoring the disbursement of funds;

guiding and monitoring the implementation of relocation;

coordinating activities between the various organizations involved in relocation;

facilitating conflict resolution and addressing grievances; and

providing support and assistance to vulnerable groups.

ii) PROPERTY AND LAND RIGHTS IN ETHIOPIA

Land acquisition and property rights are defined in the 1995 Constitution Article 40(8), which

empowers the Government to expropriate private property for public purposes subject to

payment in advance of compensation commensurate to the value of the property. Under

Proclamation No. 455/2005, purchases of land and other assets are established in detailed

procedures and time limits where land could be acquired after a request is received from the

proponent along with compensation.

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The power to expropriate landholdings belongs to a woreda (rural local government) or urban

administration for a development project (Proclamation No. 455/2005 Article 3). The

implementing agency is required to provide written notification, with details of timing and

compensation, which cannot be less than 90 days from notification (Proclamation No. 455/2004

Article 4). Any entitled landholder who has been served with an expropriation order shall hand

over the land to the local woreda or urban administration within 90 days from the date of

payment of compensation should the leaseholder accept payment. Furthermore, where there is

no crop or other properties on the expropriated land, the title holder shall hand over the land

within 30 days of receipt of expropriation order. Lastly, Article 4 gives power to use police

force is a landholder is unwilling to hand over land.

The implementing agency is responsible for gathering data on the land needed and works, and

sending this the appropriate officials for permission. It is also required to compensate affected

landholders (Proclamation No. 455/2005 Article 5).

For example, regarding the removal of utility lines, the relevant government body must give a

written request to the affected landholder, and this body must determine a fair compensation

within 30 days (Proclamation No. 455/2005 Article 6). Compensation must be paid within 30

days of the receipt of the valuation, and the landholder must vacate the land within 60 days of

receipt of compensation.

iii) ACQUISITION AND VALUATION OF LAND AND OTHER ASSETS

Land valuations are often done at the woreda and urban administration levels. These local

government units establish valuation committees to value private properties (Proclamation No.

455/2005). In the case of publicly owned infrastructure with a designated right-of-way (ROW),

the owners of the structures within the ROW would assess the value of properties to be removed.

However, the law does not take into account depreciation values. The landholder is entitled to be

compensated for the property on the basis of replacement. Permanent improvements to the land,

equal to the value of capital and labour expended (Proclamation No. 455/2005 Article 7), are

specified as valid basis for determining replacement value. Where property is on urban land, the

law specifies that compensation “may not be less than constructing a single room in low cost

house as per the region in which it is located.” It is also required that the cost of removal,

transportation, and erection be paid as compensation for a relocated property, continuing its

service as before. Compensation will also be based on current cost, cost of demolishing, lifting,

and reinstalling. Valuation formulae are to be provided by regulations (Proclamation No.

455/2005 Article 7).

Assets will be broken down into components to assess value (ANRS 28/2007 and Directive No.

135/2007). Components for building costs include cost per square meter. Crops are subdivided

into crops and perennial crops, and calculated based on yield per square meter of land multiplied

by price per kilogram. Trees could be cut and used by owner plus payment of compensation for

loss of continued income. The cost of machinery, labour for improvement, and any

infrastructure as part of the improvement will be compensated based on current costs. Property

relocation is based on the cost to relocate property given that it is not damaged while being

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moved. The amount of compensation for loss of land that is used for grazing or production of

grass is based on the area of land and the current price per square meter. (Note: more detailed

instructions for compensation are included within Directive No. 135/2007.)

Further, assets will be classified as movable and immovable. For movable assets, compensation

will be paid for inconvenience and other transition costs (Proclamation No. 455/2005 Article

7(2) and ANRS Regulation No. 51/2007). Urban immovable assets include residential houses,

business installations, institutional structures, stores, fences and public service providing

installation. In rural areas, they include seasonal crops, perennial fruit trees, timber trees and

other cash crops.

For losses that cannot be easily valued or compensated in monetary terms (e.g. access to public

services, grazing areas, water points, fishing ponds, etc.), an attempt will be made to establish

access to equivalent and culturally acceptable resources and earning opportunities (Proclamation

No. 455/2005 Article 7(2)).

In addition to compensation according to Proclamation No. 455/2005 Article 7, a displacement

compensation shall be paid equivalent to ten times the average annual income he/she secured

during the five years preceding the expropriation of the land (Proclamation No. 455/2005 Article

8(3) and ANRS Regulation No. 51/2007). Compensation will be in an amount sufficient to

reinstate displaced people to their economic position prior to displacement, the regionally

relevant administration is required to give another piece of land to any person who lost his land

in favor of a public project (Proclamation No. 455/2005 and ANRS Directive No. 28/2007). The

assessment of compensation does not include the value of the land itself because land is a public

property and not subject to sale in Ethiopia.

Those with informal, or undocumented rights, and those without titles or use right (e.g. squatters,

encroachers) are eligible for specific assistance. Such assistance recognizes some “typical claim

to use rights or even ownership” after occupation of unused or unprotected lands has been

established. Informal use-rights are likely to have structures or land improvements that are

eligible for compensation, as stated in Proclamation No. 455/2005.

In general, valuation of property is to be carried out by a certified private or public institution or

private consultants as per the valuation formulae (Proclamation No. 455/2005 Article 9). The

committee must be made up of experts with relevant qualifications (Proclamation No. 455/2005

Article 10). This must be not more than 5 experts in rural areas and be designated by the woreda

or urban administration. A specialized committee of experts may also be set up separately if

required.

The local and federal governments have different roles in compensation. The woreda and urban

administrations are responsible that compensation is paid and giving rehabilitation support to the

extent possible, and maintain data regarding properties removed from expropriated landholdings

(Proclamation No. 455/2005 Article 13). The Ministry of Federal Resources has the power and

duty to ensure there is compliance with Proclamation No. 455/2005 at the regional level, to

provide technical and capacity building support in implementation at the regional level, and

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prepare the valuation formulae (Proclamation No. 455/2005 Article 12 and ANRS Proclamation

No. 133.2006).

iv) ENTITLEMENTS AND COMPENSATION

The people of Ethiopia are given the right to improved living standards and sustainable

development and the right to be consulted with respected to policies and projects affecting their

communities (1995 Constitution Articles 43(1) and 43(2)). Additionally, all international

agreements and relations by the State must protect and ensure Ethiopia‟s right to sustainable

development (1995 Constitution Article 43(3)). Lastly, 1995 Constitution Article 44 guarantees

the right to a clean and healthy environment.

The 1995 Constitution Article 40(8) provides that “without prejudice to the right to private

property, the State may expropriate private property for public use with the prior payment of

adequate compensation.” The words “prior” and “adequate” are in line with the Universal

Declaration of Human Rights. This manifests rights to citizens for basic services and programs,

including facilities to guarantee education, health, and housing.

Persons who have been displaced or whose livelihoods have been adversely affected by a State

program are provided, under the 1995 Constitution Article 44, to some form of compensation for

their loss. This includes relocation expenses.

v) DISPUTE RESOLUTION AND GRIEVANCE MECHANISMS

The kebele (local level of government that is smaller than a woreda) shall discuss and agree to

the proposed expropriation (ANRS Proclamation No. 133/2006). The ANS Directive No. 7/2002

provides for the expeditious decision making system with regard to expropriation of urban land.

It describes the composition of the jury members: a justice officer as chair person, two residents

of the town where the land is located, and two representatives of government offices. The

decision of the Appeals Court regarding basic land expropriation issues is final; however, an

appellant could take the cases related to the amount of compensation, delays in payment, or

similar cases all the way up to the High Court.

If misunderstandings and disputes arise between the principal parties (e.g. local government

bodies and affected parties) involved in the resettlement and compensation process, the preferred

means of settling disputes is through arbitration (Proclamation No. 455/2005). The number and

composition of the arbitration tribunal may be determined by the concerned parties. Though

Proclamation No. 455/2005 provides for appeals from valuation decision, such action will not

delay the transfer of possession of land to the proponent.

A complaint related to the amount of compensation shall be submitted to the regular court having

jurisdiction (Proclamation No. 455/2005 Article 11(1)) if the administrative body for handling

disputes has not yet been established. Appeals for dispute resolution may be referred to the High

Court (Regulation No. 51/2007). The regular court having jurisdiction within the region may also

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be involved in implementation and compensation of resettlement if the administrative organ to

hear land grievances has not yet been established (Proclamation No. 455/2005 Article 11(1)).

Similarly, if the land holder is not satisfied with the decision of the compensation grievance

review committee, the case may be referred to the High Court (Regulation No. 51/2007).

vi) COMPARISON TO WORLD BANK OP 4.12

There are significant gaps between Ethiopian laws and regulations and the requirements for

resettlement as laid out in OP 4.12. The Ethiopian laws and regulations are not completely

compatible with the Bank‟s OP4.12 provisions. As shown in Table I (below) highlights the

differences between Ethiopian laws and World Bank policies regarding resettlement and

compensation. Below is a short discussion of the most important differences.

While OP 4.12 requires that compensation be completed prior to the start of the project, there are

no similar timetables set out in Ethiopian laws or regulations. Additionally, there is no provision

for relocation assistance, transitional support, or the provision of civic infrastructure under

Ethiopian law. (See Table I, Section II)

Additionally, Ethiopian law does not make any specific accommodation for squatters or illegal

settlers, other than recognition of some use-rights, such as when settlers can claim rights to the

land. OP 4.12 requires that affected communities be consulted regarding project implementation

and resettlement. Affected communities should also receive the opportunity to participate,

implement, and monitor resettlement. However, Ethiopian law states that, when it is determined

that a right of way must be established, the expropriation rights of the State take precedence,

although the Constitution protects the individual‟s use-rights.

Ethiopian law makes no specific accommodations for potentially vulnerable groups such as

women, children, the elderly, ethnic minorities, indigenous people, the landless, and those living

under the poverty line. These groups are at highest risk to experience negative effects due to

resettlement, and should receive special consideration during the preparation of a resettlement

policy framework to assure that they can maintain at least the same standard of living after

displacement takes place.

Finally, there is also no provision in the law that the state should attempt to minimize involuntary

resettlement. However, this appears to be implicit in the country‟s Constitution.

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Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and Compensation

Types of Affected Persons/ Lost

Assets

Ethiopian Law World Bank OP4.12

Comparison/Gaps

Section I: Property and land rights Land Owners Overall, “Landholder” means an

“individual, government, or

private organization or

any…other…organ which has

legal personality and has lawful

possession over the land to be

expropriated and owns property

situated thereon” (Proclamation

No. 455/2005 Article 2(3)).

Through census and socio-

economic surveys of the affected

population, identify, assess, and

address the potential economic

and social impacts of the project

that are caused by involuntary

taking of land (e.g., relocation or

loss of shelter, loss of assets or

access to assets, loss of income

sources or means of livelihood,

whether or not the affected person

must move to another location) or

involuntary restriction of access to

legally designated parks and

protected areas

Land-for-land exchange is the

preferred option; compensation is

to be based on replacement cost.

The Constitution provides for

land-based resettlement. Although

its provisions could be interpreted

as implying a preference for land

based strategies for displaced

persons whose livelihoods are

land-based, there is no specific

legislative or regulatory provision

made for this preference.

Land Tenants/Squatters There is no time limit on use-

rights or usufruct, subject to a

proof of permanent physical

property, ability to farm

continuously and meet

administrative dues and

For those without formal legal

rights to lands or claims to such

land that could be recognized

under the laws of the country, the

government should provide

resettlement assistance in lieu of

While in principle no distinction

or discrimination is made on the

basis of gender, age, or ethnic

origin, there is no equivalence on

the specific requirement of non-

discrimination or the requirement

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Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and Compensation

Types of Affected Persons/ Lost

Assets

Ethiopian Law World Bank OP4.12

Comparison/Gaps

obligations (1995 Constitution

Article 40(3)). Furthermore,

Proclamation No. 89/1997

confirms and details the

Constitutional principle that

holding rights on land can be

assigned to peasants and nomads,

and that these are to be secured

from eviction and displacement.

1995 Constitutions Articles 40(4)

and 40(5) provide for free land

without payment for farmers and

pastoralists. Lastly, Proclamation

No. 80/1993 allows companies to

attain access to land through

auction, allocation, or lottery,

similar to individuals.

compensation for land, to help

improve or at least restore those

affected persons‟ livelihoods

that particular attention be paid to

the needs of vulnerable groups

among the displaced.

Land Users The Constitution protects against

unlawful seizure of property,

stating “Everyone shall have the

right to his privacy and physical

integrity. This right shall include

protection form searches of his

person, his home, his property and

protection from seizure of

property under his possession”

(1995 Constitution Article 26).

Identify and address impacts also

if they result from other activities

that are: (a) directly and

significantly related to the

proposed project, (b) necessary to

achieve its objectives, and (c)

carried out or planned to be

carried out contemporaneously

with the project.

No equivalence between Bank and

Ethiopian systems for identifying

and addressing impacts resulting

from project related activities.

Owners of non-permanent

buildings

There are no constitutionally or

legislatively recognized

For those without formal legal

rights to lands or claims to such

There appears to be a significant

difference between Ethiopian laws

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Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and Compensation

Types of Affected Persons/ Lost

Assets

Ethiopian Law World Bank OP4.12

Comparison/Gaps

resettlement rights or assistance

for those without recognized

(formal) legal rights to land.

land or assets that could be

recognized under the laws of the

country, Bank policy provides for

resettlement assistance in lieu of

compensation for land, to help

improve or at least restore their

livelihoods.

and Bank policy. Those without

formal legal rights or claims to

such lands and/or semi-permanent

structures are not entitled to

resettlement assistance or

compensation.

Owners of permanent buildings Proclamation No. 455/2005

established detailed procedures

and time limits which land could

be acquired after request is

received from the proponent along

with compensation. The power to

expropriate landholdings belongs

to a woreda (rural local

government) or urban

administration for a development

project (Proclamation No.

455/2005 Article 3). The

implementing agency is required

to provide written notification,

with details of timing and

compensation, which cannot be

less than 90 days from notification

(Proclamation No. 455/2004

Article 4). Any entitled

landholder who has been served

with an expropriation order shall

hand over the land to the local

woreda or urban administration

within 90 days from the date of

Entitled to in-kind compensation

or cash compensation at full

replacement cost including labor

and relocation expenses, prior to

displacement

Ethiopian law requires the

affected persons receive

compensation on the basis of

replacement value when

permanent structures are affected.

Although the law can be

interpreted to include labor and

relocation expenses, these are not

explicitly enumerated under

Ethiopian law.

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Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and Compensation

Types of Affected Persons/ Lost

Assets

Ethiopian Law World Bank OP4.12

Comparison/Gaps

payment of compensation should

the leaseholder accept payment.

Furthermore, where there is no

crop or other properties on the

expropriated land, the title holder

shall hand over the land within 30

days of receipt of expropriation

order. Lastly, Article 4 gives

power to use police force is a

landholder is unwilling to hand

over land.

Section II: Resettlement and Compensation Process Timing of compensation payments There are no relevant

constitutional or legislative

provisions that specify the timing

of completion of resettlement and

compensation.

Implement all relevant resettlement

plans before project completion and

provide resettlement entitlements

before displacement or restriction of

access. For projects involving

restrictions of access, impose the

restrictions in accordance with the

timetable in the plan of actions.

There is no equivalence on

implementing all relevant

resettlement plans before project

completion or on providing

resettlement entitlements before

displacement or restriction of

access. Even if these requirements

are met, they would be applicable

only to communities with

proprietary rights or interests in

affected lands.

Calculation of compensation and

valuation

Assets will be broken down into

components to assess value (ANRS

28/2007 and Directive No.

135/2007). Components for

building costs include cost per

square meter. Crops are

Bank policy requires: (a) prompt

compensation at full replacement

cost for loss of assets attributable

to the project; (b) if there is

relocation, assistance during

relocation, and residential

There are no equivalent provisions

on relocation assistance,

transitional support, or the

provision of civic infrastructure.

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Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and Compensation

Types of Affected Persons/ Lost

Assets

Ethiopian Law World Bank OP4.12

Comparison/Gaps

subdivided into crops and

perennial crops, and calculated

based on yield per square meter of

land multiplied by price per

kilogram. Trees could be cut and

used by owner plus payment of

compensation for loss of

continued income. The cost of

machinery, labour for

improvement, and any

infrastructure as part of the

improvement will be compensated

based on current costs. Property

relocation is based on the cost to

relocate property given that it is

not damaged while being moved.

The amount of compensation for

loss of land that is used for

grazing or production of grass is

based on the area of land and the

current price per square meter.

(Note: more detailed instructions

for compensation are included

within Directive No. 135/2007.)

housing, or housing sites, or

agricultural sites of equivalent

productive potential, as required;

(c) transitional support and

development assistance, such as

land preparation, credit facilities,

training or job opportunities as

required, in addition to

compensation measures; (d) cash

compensation for land when the

impact of land acquisition on

livelihoods is minor; and (e)

provision of civic infrastructure

and community services as

required.

Relocation and resettlement A permanently displaced

landholder will, in addition to

compensation according to

Proclamation No. 455/2005

Article 7, be paid displacement

compensation which shall be

To avoid or minimize involuntary

resettlement and, where this is not

feasible, to assist displaced

persons in improving or at least

restoring their livelihoods and

standards of living in real terms

Ethiopian laws do not appear to

make provisions for avoidance or

minimizing of involuntary

resettlement

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Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and Compensation

Types of Affected Persons/ Lost

Assets

Ethiopian Law World Bank OP4.12

Comparison/Gaps

equivalent to ten times the average

annual income he secured during

the five year proceeding the

expropriation of the land

(Proclamation No. 455/2005

Article 8(3) and ANRS Regulation

No. 51/2007).

relative to pre-displacement levels

or to levels prevailing prior to the

beginning of project

implementation, whichever is

higher

Completion of resettlement and

compensation

There are no relevant

constitutional or legislative

provisions that specifically state

that resettlement and

compensation needs to be

completed.

Implement all relevant resettlement

plans before project completion and

provide resettlement entitlements

before displacement or restriction of

access. For projects involving

restrictions of access, impose the

restrictions in accordance with the

timetable in the plan of actions.

There is no equivalence between

Ethiopian law and World Bank

policies on implementing relevant

resettlement plans before project

completion or on providing

resettlement entitlements before

displacement or restriction of

access. Even if these requirements

are met, they would be applicable

only to communities with

proprietary rights or interests in

affected lands.

Livelihood restoration and

assistance

There are no specific laws or

regulations specifying support for

livelihood restoration and

transition and moving allowances

Livelihoods and living standards

are to be restored in real terms to

pre-displacement levels or better

Ethiopian policy and legislation

would need to be aligned with

Bank policy to effectively

guarantee rights of all affected

persons of involuntary

resettlement

Consultation and disclosure Before any land is expropriated,

the kebele (local level of

government that is smaller than a

woreda) shall discuss and agree to

the proposed expropriation (ANRS

Consult project-affected persons,

host communities and local NGOs,

as appropriate. Provide them

opportunities to participate in the

planning, implementation, and

Despite the differences identified,

the practice has been that where a

mitigation plan affects local

communities, proceedings are

conducted in the local language.

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Table I: Comparison of Ethiopian and World Bank Policies on Resettlement and Compensation

Types of Affected Persons/ Lost

Assets

Ethiopian Law World Bank OP4.12

Comparison/Gaps

Proclamation No. 133/2006).

monitoring of the resettlement

program, especially in the process

of developing and implementing the

procedures for determining

eligibility for compensation benefits

and development assistance (as

documented in a resettlement plan),

and for establishing appropriate and

accessible grievance mechanisms.

This is significant considering the

composition of those most likely

to be excluded under Ethiopian

legislative and constitutional

protection for involuntary

resettlement

(i.e., squatters).

Section III: Dispute Resolution Grievance mechanism and dispute

resolution

ANS Directive No. 7/2002

provides for the expeditious

decision making system with

regard to expropriation of urban

land. It provides the composition

of the jury members: a justice

officer as chair person, two

residents of the town where the

land is located, and two

representatives of government

offices. The decision of the

Appeals Court regarding basic

land expropriation issues is final;

however, an appellant could take

the cases related to the amount of

compensation, delays in payment,

or similar cases all the way up to

the High Court.

Establish appropriate and accessible

grievance mechanisms

There are no similar juridical

procedures explicitly applied in

non-urban or rural settings.

Note: In case of differences in Ethiopia’s laws and policies and the World Bank's OP 4.12, the higher standard will be applied.

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PART V: COMPENSATION FOR LAND AND OTHER ASSETS

The RPF guidelines apply to all components under the Private Sector Development Capacity

Building Project, whether or not they are directly funded in whole or in part by the Private Sector

Development Capacity Building Project. The RPF applies to activities in sub-projects (or

components) affecting those who would be physically displaced or who would lose some or all

access to resources, and regardless of the total number affected, the severity of impact, and their

legal status (e.g. the RPF guidelines apply also to those with ill-defined or no title to the land).

The RPF provides special attention to the needs of vulnerable groups among the PAPs,

especially households with incomes below the national poverty line, including the landless,

elderly and disabled, women and children, vulnerable groups, and other historically

disadvantaged.

The activities in the Private Sector Development Capacity Building Project that are expected to

have some land acquisition or restriction of access include the following:

Describe the Project components that may involve, for example: land acquisition for

construction of structures; road building or access ways; workers camps; etc.

In the privatization process of State Owned Enterprises (SOEs), it is expected that land and

assets will be acquired by private entities. There is currently no situation identified that may

involve acquisition of land for the construction of structures; road building or access ways,

worker camps or other. However, there remains the possibility of land being acquired to

provide or enlarge buffers around facilities presenting environmental, health and safety risks to

the community. This was not assessed at this stage of the process.

Although the exact nature and locations of sub-projects are unknown, the following categories of

PAPs will be used in identifying groups of PAPs for the purpose of determining impacts.

Project affected persons (PAPs) are individuals whose assets may be lost, including land,

property, other assets, and/or access to natural and/or economic resources as a result of activities

related to privatization of the SOE.

Project affected households are groups of PAPs in one household and where one or more of its

members are directly affected by the Private Sector Development Capacity Building Project.

These include members like the head of household, male, and female members, dependent

relatives, tenants, etc.

Vulnerable groups of people. From these households the Private Sector Development Capacity

Building Project will separately identify the vulnerable members, such as those who are too old

or too ill; children; those stricken with HIV/AIDS; women; unemployed youth; etc. Households

headed by women that depend on sons, brothers, and others for support are especially vulnerable.

Similarly, households with elderly or seriously ill persons are eligible for additional support.

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During implementation of this Private Sector Development Capacity Building Project, a social

assessment will be carried out to identify the areas or sites within the SOEs that may trigger OP

4.12 due to privatization of the SOE.. At that stage, OP 4.12 calls for the preparation of separate

stand-alone Resettlement Action Plans (RAPs) consistent with the guidelines provided in this

RPF. The following procedural guidelines will apply when it is determined that a RAP would be

developed.

(i) All potential PAPs should be identified (through a scoping exercise) and informed about

their options and rights pertaining to compensation for land and assets to be acquired due

to the privatization process;

(ii) PAPs must be consulted about land acquisition and compensation and offered technical

and financial options, including the most economically feasible alternatives; and

(iii) PAPs should receive reasonable compensation at full replacement cost for losses of assets

and access attributable to the sub-project.

Screening. This process would lead to the creation of a list of the number and types of

infrastructure (including buildings or other structures) that the privatization process will impact

and that may potentially involve resettlement issues. This list will be presented to affected

communities using a sensitization and consultation process. These consultations will be

documented for each SOE site.

RAP Preparation. As soon as the list (sub-projects) is approved by the responsible agency

implementing the Private Sector Development Capacity Building Project, a consultative and

participatory process for preparing a RAP will be started, as follows:

(i) A socio-economic survey will be completed to determine scope and nature of

resettlement impacts.

(ii) The socio-economic study will be carried out to collect data in the selected sub-project

sites.

(iii) The socio-economic assessment will focus on the potential affected communities,

including some demographic data, description of the area, livelihoods, the local

participation process, and establishing baseline information on livelihoods and income,

landholding, etc.

Annex 2 describes the requirements for the RAP in detail. In general, the RAP contains the

following information:

(i) Baseline Census;

(ii) Socio-Economic Survey;

(iii) Specific Compensation Rates and Standards;

(iv) Entitlements related to any additional impacts;

(v) Relocation Site Description;

(vi) Programs to Improve or Restore Livelihoods and Standards of Living;

(vii) Detailed cost estimates and Implementation Schedule;

(viii)Grievance Procedures

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(ix)Organizational responsibility

(viii) Implementing Organization Capacity

(ix) Implementation Schedule

(x) Cost & Budget

(xiii) Monitoring & Evaluation

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The RAPs will be prepared by the agency responsible for privatization.

The following guidelines are used when a RAP is developed.

(i) Consultation and participatory approaches. A participatory approach is adopted to initiate

the compensation process. The consultations must start during the planning stages when the

technical designs are being developed, and at the land selection/screening stage. The process

therefore seeks the involvement of PAPs throughout the census for identifying eligible PAPs

and throughout the RAP preparation process.

(ii) Disclosure and notification. All eligible PAPs are informed about the [Project] and the RAP

process. A cut-off date is established as part of determining PAPs eligibility. In special cases

where there are no clearly identifiable owners or users of the land or asset, the RAP team

must notify the respective local authorities and leaders. A “triangulation” of information –

affected persons; community leaders and representatives; and an independent agent (e.g.

local organization or NGO; other government agency; land valuer) – may help to identify

eligible PAPs. The RAP must notify PAPs about the established cut-off date and its

significance. PAPs must be notified both in writing and by verbal notification delivered in

the presence of all the relevant stakeholders.

(iii) Documentation and verification of land and other assets. The government authorities at both

national and local levels; community elders and leaders; representatives from the [Project

Agency] will arrange meetings with PAPs to discuss the compensation and valuation

process. For each individual or household affected by the sub-project, the RAP preparation

team will complete a Compensation Report containing necessary personal information on

the PAPs and their household members; their total land holdings; inventory of assets

affected; and demographic and socio-economic information for monitoring of impacts. This

information will be documented in a Report, and ideally should be “witnessed” by an

independent or locally acceptable body (e.g. Resettlement Committee). The Reports will be

regularly updated and monitored.

(iv) Compensation and valuation. All types of compensation will be clearly explained to the

individual and households involved. These refer especially to the basis for valuing the land

and other assets. Once such valuation is established, the Authority will produce a Contract

or Agreement that lists all property and assets being acquired by the sub-project and the

types of compensation selected. Table II below provides a sample of entitlements that are

eligible for compensation. These options include in-kind (e.g. replacement housing) and

cash compensation. All compensation should occur in the presence of the affected persons

and the community local leaders.

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Table II: Entitlement Matrix

Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits

Agricultural land Cash compensation for affected

land equivalent to market value

Less than 20% of land holding

affected

Land remains economically

viable.

Farmer/ title holder Cash compensation for affected land equivalent to

replacement value

Tenant/ lease

holder

Cash compensation for the harvest or product from the

affected land or asset, equivalent to average market value of

last 3 years, or market value of the crop for the remaining

period of tenancy/ lease agreement, whichever is greater.

Greater than 20% of land

holding lost

Land does not become

economically viable.

Farmer/ Title

holder

Land for land replacement where feasible, or compensation in

cash for the entire landholding according to PAP‟s choice.

Land for land replacement will be in terms of a new parcel of

land of equivalent size and productivity with a secure tenure

status at an available location which is acceptable to PAPs.

Transfer of the land to PAPs shall be free of taxes,

registration, and other costs.

Relocation assistance (costs of shifting + assistance in re-

establishing economic trees + allowance up to a maximum of

12 months while short- term crops mature )

Relocation assistance (costs of shifting + assistance in re-

establishing economic trees + allowance up to a maximum of

12 months while short- term crops mature )

Tenant/Lease

holder

Cash compensation equivalent to average of last 3 years‟

market value for the mature and harvested crop, or market

value of the crop for the remaining period of tenancy/ lease

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Table II: Entitlement Matrix

Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits

agreement, whichever is greater.

Relocation assistance (costs of shifting + assistance in re-

establishing economic trees + allowance up to a maximum of

12 months while short- term crops mature

Relocation assistance (costs of shifting + assistance in re-

establishing economic trees + allowance up to a maximum of

12 months while short- term crops mature )

Relocation assistance (costs of shifting + allowance).

Commercial Land Land used for business

partially affected

Limited loss

Title holder/

business owner

Cash compensation for affected land

Opportunity cost compensation equivalent to 5% of net annual

income based on tax records for previous year (or tax records

from comparable business, or estimates where such records do

not exist).

Business owner is

lease holder

Opportunity cost compensation equivalent to 10% of net

annual income based on tax records for previous year (or tax

records from comparable business, or estimates where such

records do not exist)

Assets used for business

severely affected

If partially affected, the

remaining assets become

insufficient for business

purposes

Title

holder/business

owner

Land for land replacement or compensation in cash according

to PAP‟s choice. Land for land replacement will be provided

in terms of a new parcel of land of equivalent size and market

potential with a secured tenure status at an available location

which is acceptable to the PAP.

Transfer of the land to the PAP shall be free of taxes,

registration, and other costs.

Relocation assistance (costs of shifting + allowance)

Opportunity cost compensation equivalent to 2 months net

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Table II: Entitlement Matrix

Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits

income based on tax records for previous year (or tax records

from comparable business, or estimates)

Business person is

lease holder

Opportunity cost compensation equivalent to 2 months net

income based on tax records for previous year (or tax records

from comparable business, or estimates), or the relocation

allowance, whichever is higher.

Relocation assistance (costs of shifting)

Assistance in rental/ lease of alternative land/ property (for a

maximum of 6 months) to reestablish the business.

Residential Land Land used for residence

partially affected, limited loss

Remaining land viable for

present use.

Title holder Cash compensation for affected land

Rental/lease holder Cash compensation equivalent to 10% of lease/ rental fee for

the remaining period of rental/ lease agreement (written or

verbal)

Title holder Land for land replacement or compensation in cash according

to PAP‟s choice.

Land for land replacement shall be of minimum plot of

acceptable size under the zoning law/ s or a plot of equivalent

size, whichever is larger, in either the community or a nearby

resettlement area with adequate physical and social

infrastructure systems as well as secured tenure status.

When the affected holding is larger than the relocation plot,

cash compensation to cover the difference in value.

Transfer of the land to the PAP shall be free of taxes,

registration, and other costs.

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Table II: Entitlement Matrix

Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits

Relocation assistance (costs of shifting + allowance)

Land and assets used for

residence severely affected

Remaining area insufficient for

continued use or becomes

smaller than minimally

accepted under zoning laws

Rental/lease holder Refund of any lease/ rental fees paid for time/ use after date of

removal

Cash compensation equivalent to 3 months of lease/ rental fee

Assistance in rental/ lease of alternative land/ property

Relocation assistance (costs of shifting + allowance)

Buildings and

structures

Structures are partially affected

Remaining structures viable for

continued use

Owner Cash compensation for affected building and other fixed assets

Cash assistance to cover costs of restoration of the remaining

structure

Rental/lease holder Cash compensation for affected assets (verifiable

improvements to the property by the tenant).

Disturbance compensation equivalent to two months rental

costs

Entire structures are affected or

partially affected

Remaining structures not

suitable for continued use

Owner Cash compensation for entire structure and other fixed assets

without depreciation, or alternative structure of equal or better

size and quality in an available location which is acceptable to

the PAP.

Right to salvage materials without deduction from

compensation

Relocation assistance (costs of shifting + allowance)

Rehabilitation assistance if required (assistance with job

placement, skills training)

Rental/lease holder Cash compensation for affected assets (verifiable

improvements to the property by the tenant)

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Table II: Entitlement Matrix

Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits

Relocation assistance (costs of shifting + allowance equivalent

to four months rental costs)

Assistance to help find alternative rental arrangements

Rehabilitation assistance if required (assistance with job

placement, skills training)

Squatter/informal

dweller

Cash compensation for affected structure without depreciation

Right to salvage materials without deduction from

compensation

Relocation assistance (costs of shifting + assistance to find

alternative secure accommodation preferably in the

community of residence through involvement of the project

Alternatively, assistance to find accommodation in rental

housing or in a squatter settlement scheme, if available)

Rehabilitation assistance if required assistance with job

placement, skills training)

Street vendor

(informal without

title or lease to the

stall or shop)

Opportunity cost compensation equivalent to 2 months net

income based on tax records for previous year (or tax records

from comparable business, or estimates), or the relocation

allowance, whichever is higher.

Relocation assistance (costs of shifting)

Assistance to obtain alternative site to re- establish the

business.

Standing crops Crops affected by land

acquisition or temporary

acquisition or easement

PAP (whether

owner, tenant, or

squatter)

Cash compensation equivalent to average of last 3 years

market value for the mature and harvested crop.

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Table II: Entitlement Matrix

Land and Assets Types of Impact Person(s) Affected Compensation/Entitlement/Benefits

Trees Trees lost Title holder Cash compensation based on type, age and productive value of

affected trees plus 10% premium

Temporary

Acquisition

Temporary acquisition PAP (whether

owner, tenant, or

squatter)

Cash compensation for any assets affected (e. g. boundary

wall demolished, trees removed)

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(v) Community payments. Although most sub-projects do not normally take land and other

assets belonging to a community, such as a community center, school, or sacred site, if this

occurs in a sub-project, the community (as a whole) will be compensated. This

compensation will be in the form of reconstruction of the facility (in case of damages) or

replacement at least the same standard or equivalent or better standard required by local

planning regulation. Examples of community compensation expansion of grazing grounds;

rehabilitation of school buildings, public toilets, health facilities; installation of wells or

pumps; creation of market places; and reconstruction of community roads.

(vi) Grievance mechanism. Grievances are first preferred to be settled amicably whenever

possible. That is, positive discussions are made to convince the affected PAP in the presence

of elders, local administration (municipalities, woreda and kebele administration)

representatives or any influential person in the locality. According to proclamation NO.455/2005, Article 11 sub article 1: In rural areas and in urban

centers where an administrative organ to hear grievances related to urban landholding is not yet

established, a complaint relating to the amount of compensation shall be submitted to the regular

court having jurisdiction. "

In urban areas, a PAP who is dissatisfied with the amount of compensation may complain to an

administrative organ; and if the PAP is still not satisfied, may appeal to the regular appellate court or

municipal appellate court within thirty days from the date of the decision. However, the Project is

not liable for the provision of support in the context of the aforementioned grievance process.

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PART VI: IMPLEMENTATION SCHEDULE AND COSTS

Since the specific sites and sub-projects are not yet determined, this RPF refers only to an

estimated number of PAPs. Because costs of resettlement and compensation are based on

technical designs and results of scoping, it is not possible to produce a detailed budget for RAP

implementation. Once a budget is finalized, it will be subject to approval by the World Bank.

An indicative RAP budget outline can be found in Table III below.

Table III: Indicative Outline of a RAP Budget

Asset acquisition Amount

or

number

Total estimated

cost

Agency responsible

Land

Structure

Crops and economic tress

Community infrastructure

Land Acquisition and Preparation

Land

Structures

Crops areas and others

Community infrastructure

Relocations

Transfer of possessions

Installation costs

Economic Rehabilitation

Training

Capital Investments

Technical Assistance

Monitoring

Contingency

# Item Costs Assumptions

1 Compensation for loss of Land

/hectare

For land acquisition purposes,

based on Ethiopian average market

cost, or from similar projects

2 Compensation for loss of Crops

/hectare of

farm lost

Includes costs of labor invested

and average of highest price of

staple food crops and Ethiopian

market prices

3 Compensation for loss of access to

pastoralists

If applicable

Those affected would be provided

with shared access, or alternate

routes ( decision agreed through

consultation and participation of

all)

4 Compensation for loss of access to fishing If applicable Data provided from the revised

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resources. socio-economic study will

determine market values of catch,

fish products etc.

5 Compensation for Buildings and Structures

If applicable

This compensation may be in-kind

or cash. Costs for basic housing

needs should include ventilated pit

latrines, outside kitchen, and

storage.

6 Compensation for Trees

/year/tree

Includes costs of labor invested

and average of highest price of

trees (and tree products) and

Ethiopian market prices

7 Cost of Relocation Assistance/Expenses /household

This cost reflects the moving and

transportation allowance

8 Cost of Restoration of Individual Income

Assumed to be higher than the

GDP/capita in Ethiopia

9 Cost of Restoration of Household Income

These costs reflect the livelihood

restoration program of the RAP

10 Cost of Training Farmers, pastoralists and

other PAPs

This is a mitigation measure

involving capacity building and

involves PAPs and affected

communities

The PIU will determine an appropriate Resettlement Budget. It is usually financed in-country

through the administrative and financial management rules and manuals issued by the

Government of Ethiopia.

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PART VII: PUBLIC CONSULTATION AND DISCLOSURE PLAN

Public consultations in relation to the RAP occur at all stages, starting with inception and

planning when the potential lands and alternative sites are being considered. A participatory

approach is adopted as an on-going strategy throughout the entire project cycle.

Public participation and consultations take place through individual, group, or community

meetings. Additionally, radio programs and other media forms may be used to further

disseminate information. PAPs are consulted in the survey process; public notices where

explanations of the sub-project are made; RAP implementation of activities; and during the

monitoring and evaluation process. Selection of ways to consult, and expand participation by

PAPs and other stakeholders, will take into consideration literacy levels prevalent in affected

communities; ethnicity and cultural aspects; and practical conditions (like distance).

The role of traditional political and cultural leaders, including the community elders, in the

participation strategy will be important. The RAP team should ensure that these leaders and local

representatives of PAPs are fully involved in designing the public consultation procedures.

Data collecting phase. Consultations during preparation, in particular, the collection of

background information, and the social survey or social assessment, are critical for successful

data collection. The levels of consultation will vary from households to community groups,

based on the particular context of the sub-project(s). The RAP team will design the

questionnaires but it will be the households, organizations, and institutions that will validate their

effectiveness through feedback. Focus group meetings with women, farmers‟ associations,

individuals who own farms, fishing boats, etc, as well as primary and/or secondary schools,

health centers, and agricultural cooperative unions are usually good sources for establishing the

community baseline situation.

Implementation phase. During implementation, PAPs will be informed about their rights and

options. The grievance mechanism will continue to operate and all grievances will be recorded.

The participation of local leaders and PAPs in disseminating information and resolving disputes

will be important once RAP implementation starts. A dynamic participatory approach involves

PAPs in decision making about livelihood and community development programs.

Monitoring and evaluation phase. PAPs representatives will participate in the sub-project

workshops at mid-term and at the end of RAP implementation. To the extent possible, the RAP

should include social accountability tools like citizen report cards to assess the quality of RAP

implementation, and in some cases, assist the RAP team in tracking expenditures. The latter

would be significant in helping PAPs with money management and restoring their livelihoods.

PAPs will be able to suggest corrective measures, as needed, to improve RAP implementation in

the sub-project(s). Prior to closing the RAP, PAPs will participate in a feedback survey as part of

the RAP‟s independent impact evaluation exercise.

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PART VIII: MONITORING AND EVALUATION OF IMPACTS

The RAP team will be expected to develop and implement a Monitoring and Evaluation Plan

(MEP). The main indicators that the MEP will measure include: (i) impacts on affected

individuals, households, and communities to be maintained at their pre-project standard of living,

and better; (ii) improvement of communities affected by the project; and (iii) management of

disputes or conflicts. In order to measure these impacts, the RAP identifies the specific indicators

to be monitored; define how they will be measured on a regular basis; and identify key

monitoring milestones (e.g. at mid-point of the RAP implementation process).

The PIU will establish a reporting system for the sub-project RAP that will:

(i) Provide timely information to the project about all resettlement and compensation issues

arising as a result of RAP related activities;

(ii) Identify any grievances, especially those that have not yet been resolved at the local level

and which may require resolution at the higher levels (e.g. by the PIU);

(iii) Document completion of project resettlement and compensation that are still pending,

including for all permanent and temporary losses;

(iv) Evaluate whether all PAPs have been compensated in accordance with the requirements

of this RPF and that PAPs have better living conditions and livelihoods; and

(v) Identify mitigation measures, as necessity, when there are significant changes in the

indicators that may require strategic interventions (e.g. vulnerable groups are not

receiving sufficient support from the sub-project).

The independent impact evaluation will determine:

(i) If compensation payments have been completed in a satisfactory manner; and

(ii) If there are improvements in livelihoods and well-being of PAPs.

Several indicators are used to measure these impacts. These include, among others, a comparison

of income levels before-and-after; access to livelihoods and employment; changes in standards of

housing and living conditions; and improvements in level of participation in sub-project

activities. There are measures to verify these basic indicators, such as number of children in-

school (compared to pre-RAP levels); changes in health standards; and changes in access to

markets or roads – all of which may reflect overall improvements in standards of living.

The following methods will be used for measuring impacts:

(i) Questionnaires with data stored in a database for comparative analysis (before-after

and with-without);

(ii) Documentation and recording of PAPs situation, including subsequent uses of

assets/improvements;

(iii) Relocation/resettlement and Compensation Reports, including status of land

impacts; percentage of individuals selecting cash or a combination of cash and in-

kind compensation; proposed use of payments;

(iv) Number of grievances and time and quality of resolution; and

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(v) Ability of individuals and families to re-establish their pre-resettlement activities, in

terms of improvements in land and crop production, and/or presence of other

alternative incomes.

The RAP team will maintain, together with local officials, basic information on all physical or

economic displacement arising from the sub-project. This includes an update, for example on a

quarterly basis, of the following:

(i) Number of sub-projects requiring preparation of a RAP;

(ii) Number of households and individuals physically or economically displaced by each

sub-project;

(iii) Length of time from sub-project identification to payment of compensation to PAPs;

(iv) Timing of compensation in relation to commencement of physical works;

(v) Amount of compensation paid to each PAP household (if in cash), or the nature of

compensation (if in kind);

(vi) Number of people raising grievances in relation to each sub-project;

(vii) Number of unresolved grievances.

The PIU will review these statistics to determine whether the RAP implementation

arrangements, as defined in this RPF, are effective in addressing RAP related issues. Financial

records will be maintained by the sub-projects and the PIU, to determine the final cost of RAP

implementation. The following indicators (in Table IV) can be used to monitor implementation

of the RAP.

Table IV: Indicators of RAP Impacts

Monitoring (of Issues) Evaluation (of Impacts)

Number of compensation (and valuation) not

completed

Changes (+/-) in PAPs conditions during transition

process

Number of sub-projects unable to settle

compensation after two years

Changes (+/-) in PAPs income and livelihood

conditions

Number of grievances filed Quality of grievances or disputes resolved

(qualitative)

Number of livelihood restoration programs

completed

Changes (+/-) in affected households income levels

Pre project production versus present production

levels ( crops for crops, land for land)

Equal or improved production per affected

household/homestead

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Annual audit. The annual audit of RPF implementation, and as applicable RAP implementation

in sub-project(s), includes: (i) a summary of RAP performance of each sub-project; (ii) a

compliance review of RAP implementation process; and (iii) a progress report on the quality of

RAP implementation in terms of application of guidelines provided in this RPF.

The audit will verify results of monitoring of RAP implementation indicators, and assess whether

the project achieved the resettlement objectives. A specific measure of whether livelihood and

living standards have been restored or enhanced will be completed. The audit will also assess the

efficiency, effectiveness, impact, and sustainability of RAP sub-project activities. The aim is to

learn lessons for application to future sub-projects or other projects in the sector and in the

country. Finally, the audit will ascertain whether the resettlement entitlements were appropriate,

as defined in the RPF guidelines.

Socio-Economic Impact Assessment. The purpose of socio-economic assessment, which is part

of the evaluation process, is to ensure that PAPs livelihood and well being have improved, and

have not worsened as a result of the sub-project. An assessment will be undertaken on payment

of compensation, restoration of income and livelihoods, and provision of sufficient community

development activities. Monitoring of living standards will continue after resettlement.

Additionally a reasonable period (usually two years) must be established for monitoring post-

resettlement impacts. A number of indicators will be used for measuring status of affected

people.

Most socio-economic assessments use surveys, focus group meetings, and participatory appraisal

tools for measuring impacts. A separate assessment must be made for each sub-project.

Additionally, since a baseline household survey was completed during RAP preparation, the end-

RAP assessment can measure changes from this baseline.

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List of Annexes

Annex 1 World Bank Resettlement Policy Framework (Excerpt from World

Bank Operational Policy 4.12, Involuntary Resettlement)

Annex 2 Annotated Outline for Preparing a Resettlement Action Plan (RAP)

Annex 3 Sample Grievance and Resolution Form

Annex 4 Sample Table of Contents for Consultation Reports

Annex 5 Glossary of Terms

Annex 6 Relevant Laws

Annex 7 List of State Owned Entreprises

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ANNEX 1: World Bank Resettlement Policy Framework (RPF) [Excerpt from the World Bank OP4.12 Involuntary Resettlement, Revised April 2004]

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of

the subject. OP 4.12 (Revised April 2004) applies only to projects that are governed by OP / BP 6.00,

Bank Financing - that is, those in countries with approved country financing parameters. Other

operational policy statements governing Bank financing that have been amended to reflect OP/BP 6.00

also apply to these projects.

Projects in countries without approved country financing parameters continue to be subject to other

operational policy statements governing Bank financing.

Resettlement Policy Framework

For sector investment operations that may involve involuntary resettlement, the Bank requires that the

project implementing agency screen subprojects to be financed by the Bank to ensure their consistency

with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy

framework that conforms to this policy (see Annex A, paragraphs 23-25). The framework also estimates,

to the extent feasible, the total population to be displaced, and the overall resettlement costs.

For financial intermediary operations that may involve involuntary resettlement, the Bank requires that

the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency

with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit

to the Bank a resettlement policy framework conforming to this policy (see Annex A, paragraphs 23-25).

In addition, the framework includes an assessment of the institutional capacity and procedures of each of

the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no

resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy framework is

not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential

sub-borrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For

all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before

the subproject is accepted for Bank financing.

For other Bank-assisted project with multiple subprojects26 that may involve involuntary resettlement,

the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before

appraisal of the project unless, because of the nature and design of the project or of a specific subproject

or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is

known but precise sitting alignments cannot be determined. In such cases, the borrower submits a

resettlement policy framework consistent with this policy prior to appraisal (see Annex A, paragraphs 23-

25). For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this

policy is required prior to appraisal.

For each subproject included in a project described in paragraphs 26, 27, or 28 that may involve

resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan

that is consistent with the provisions of the policy framework be submitted to the Bank for approval

before the subproject is accepted for Bank financing.

For projects described in paragraphs 26-28 above, the Bank may agree, in writing, that sub-project

resettlement plans may be approved by the project implementing agency or a responsible government

agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate

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institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such

delegation, and appropriate remedies for the entity‟s approval of resettlement plans found not to comply

with Bank policy, is provided for in the legal agreements for the project. In all such cases, implementation

of the resettlement plans is subject to ex post review by the Bank.

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ANNEX 2: Annotated Outline for Preparing a Resettlement Action Plan (RAP) This template is extracted from OP 4.12 Annex A. Its full description can be found in the World Bank

external website [INSERT LINK].

The scope and level of detail of the RAP will vary depending on the magnitude and complexity of

resettlement or displacement. The RAP is prepared based on the most recent and accurate information on

the: (i) proposed resettlement and its impacts on displaced persons and other adversely affected groups;

and (ii) legal issues affecting resettlement. The RAP covers elements that are specific to the project

context.

A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited

to, the following:

Description of the sub-project: General description of the sub-project and identification of sub-project

area or areas.

Potential Impacts: Identification of the: (i) the sub-project components or activities that require

resettlement or restriction of access; (ii) zone of impact of components or activities; (iii) alternatives

considered to avoid or minimize resettlement or restricted access; and (iv) mechanisms established to

minimize resettlement, displacement, and restricted access, to the extent possible, during project

implementation.

Objectives: The main objectives of the resettlement program as these apply to the sub-projects.

Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of

project preparation, and with the involvement of potentially affected people will be needed. These

generally include the results of a census of the affected populations covering:

(i) Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off

date, the purpose of which is to exclude subsequent inflows of people from eligibility for

compensation and resettlement assistance;

(ii) Standard characteristics of displaced households, including a description of production systems,

labor, and household organization; and baseline information on livelihoods (including, as

relevant, production levels and income derived from both formal and informal economic

activities) and standards of living (including health status) of the displaced population;

(iii) Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical

or economic;

(iv) Information on vulnerable groups or persons, for whom special provisions may have to be made;

and

(v) Provisions to update information on the displaced people‟s livelihoods and standards of living at

regular intervals so that the latest information is available at the time of their displacement, and to

measure impacts (or changes) in their livelihood and living conditions.

There may be other studies that the RAP can draw upon, such as those describing the following:

(i) Land tenure, property, and transfer systems, including an inventory of common property natural

resources from which people derive their livelihoods and sustenance, non-title-based usufruct

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systems (including fishing, grazing, or use of forest areas) governed by local recognized land

allocation mechanisms, and any issues raised by different tenure systems in the sub project area;

(ii) Patterns of social interaction in the affected communities, including social support systems, and

how they will be affected by the sub-project;

(iii) Public infrastructure and social services that will be affected; and

(iv) Social and cultural characteristics of displaced communities, and their host communities,

including a description of formal and informal institutions. These may cover, for example,

community organizations; cultural, social or ritual groups; and non-governmental organizations

(NGOs) that may be relevant to the consultation strategy and to designing and implementing the

resettlement activities.

Legal Framework: The analysis of the legal and institutional framework should cover the following:

(i) Scope of existing land and property laws governing resources, including state-owned lands under

eminent domain and the nature of compensation associated with valuation methodologies; land

market; mode and timing of payments, etc;

(ii) Applicable legal and administrative procedures, including a description of the grievance procedures

and remedies available to PAPs in the judicial process and the execution of these procedures,

including any available alternative dispute resolution mechanisms that may be relevant to

implementation of the RAP for the sub-project;

(iii) Relevant laws ( including customary and traditional law) governing land tenure, valuation of assets

and losses, compensation, and natural resource usage rights, customary personal law; communal laws,

etc related to displacement and resettlement, and environmental laws and social welfare legislation;

(iv) Laws and regulations relating to the agencies responsible for implementing resettlement activities in

the sub-projects;

(v) Gaps, if any, between local laws covering resettlement and the Bank‟s resettlement policy, and the

mechanisms for addressing such gaps; and

(vi) Legal steps necessary to ensure the effective implementation of RAP activities in the sub-projects,

including, as appropriate, a process for recognizing claims to legal rights to land, including claims

that derive from customary and traditional usage, etc and which are specific to the sub-projects.

The institutional framework governing RAP implementation generally covers:

(i) Agencies and offices responsible for resettlement activities and civil society groups like NGOs that

may have a role in RAP implementation;

(ii) Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP

implementation, monitoring, and evaluation; and

(iii) Activities for enhancing the institutional capacities of agencies, offices, and civil society groups,

especially in the consultation and monitoring processes.

Eligibility: Definition of displaced persons or PAPS and criteria for determining their eligibility for

compensation and other resettlement assistance, including relevant cut-off dates.

Valuation of and compensation for losses: The methodology to be used for valuing losses, or damages,

for the purpose of determining their replacement costs; and a description of the proposed types and levels

of compensation consistent with national and local laws and measures, as necessary, to ensure that these

are based on acceptable values (e.g. market rates).

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Resettlement Measures: A description of the compensation and other resettlement measures that will

assist each category of eligible PAPs to achieve the objectives of OP 4.12. Aside from compensation,

these measures should include programs for livelihood restoration, grievance mechanisms, consultations,

and disclosure of information.

Site selection, site preparation, and relocation: Alternative relocation sites should be described and cover

the following:

(i) Institutional and technical arrangements for identifying and preparing relocation sites, whether rural

or urban, for which a combination of productive potential, location advantages, and other factors is at

least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and

transfer land and ancillary resources;

(ii) Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites;

(iii) Procedures for physical relocation under the project, including timetables for site preparation and

transfer; and

(iv) Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being

resettled.

Housing, infrastructure, and social services: Plans to provide (or to finance provision of) housing,

infrastructure (e.g. water supply, feeder roads), and social services to host populations; and any other

necessary site development, engineering, and architectural designs for these facilities should be described.

Environmental protection and management. A description of the boundaries of the relocation area is

needed. This description includes an assessment of the environmental impacts of the proposed

resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the

environmental assessment of the main investment requiring the resettlement).

Community Participation: Consistent with the World Bank‟s policy on consultation and disclosure, a

strategy for consultation with, and participation of, PAPs and host communities, should include:

(i) Description of the strategy for consultation with and participation of PAPs and hosts in the design and

implementation of resettlement activities;

(ii) Summary of the consultations and how PAPs‟ views were taken into account in preparing the

resettlement plan; and

(iii) Review of resettlement alternatives presented and the choices made by PAPs regarding options

available to them, including choices related to forms of compensation and resettlement assistance, to

relocating as individual families or as parts of pre-existing communities or kinship groups, to

sustaining existing patterns of group organization, and to retaining access to cultural property (e.g.

places of worship, pilgrimage centers, cemeteries); and

(iv) Arrangements on how PAPs can communicate their concerns to project authorities throughout

planning and implementation, and measures to ensure that vulnerable groups (including indigenous

peoples, ethnic minorities, landless, children and youth, and women) are adequately represented.

The consultations should cover measures to mitigate the impact of resettlement on any host communities,

including:

(i) Consultations with host communities and local governments;

(ii) Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to

PAPs;

(iii) Conflict resolution involving PAPs and host communities; and

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(iv) Additional services (e.g. education, water, health, and production services) in host communities to

make them at least comparable to services available to PAPs.

Grievance procedures: The RAP should provide mechanisms for ensuring that an affordable and

accessible procedure is in place for third-party settlement of disputes arising from resettlement. These

mechanisms should take into account the availability of judicial and legal services, as well as community

and traditional dispute settlement mechanisms.

RAP implementation responsibilities: The RAP should be clear about the implementation responsibilities

of various agencies, offices, and local representatives. These responsibilities should cover (i) delivery of

RAP compensation and rehabilitation measures and provision of services; (ii) appropriate coordination

between agencies and jurisdictions involved in RAP implementation; and (iii) measures (including

technical assistance) needed to strengthen the implementing agencies‟ capacities of responsibility for

managing facilities and services provided under the project and for transferring to PAPs some

responsibilities related to RAP components (e.g. community-based livelihood restoration; participatory

monitoring; etc).

Implementation Schedule: An implementation schedule covering all RAP activities from preparation,

implementation, and monitoring and evaluation should be included. These should identify the target dates

for delivery of benefits to the resettled population and the hosts, as well as clearly defining a closing date.

The schedule should indicate how the RAP activities are linked to the implementation of the overall

project.

Costs and budget: The RAP for the specific sub-projects should provide detailed (itemized) cost estimates

for all RAP activities, including allowances for inflation, population growth, and other contingencies;

timetable for expenditures; sources of funds; and arrangements for timely flow of funds. These should

include other fiduciary arrangements consistent with the rest of the project governing financial

management and procurement.

Monitoring and evaluation: Arrangements for monitoring of RAP activities by the implementing agency,

and the independent monitoring of these activities, should be included in the RAP section on monitoring

and evaluation. The final evaluation should be done by an independent monitor or agency to measure

RAP outcomes and impacts on PAPs‟ livelihood and living conditions. The World Bank has examples of

performance monitoring indicators to measure inputs, outputs, and outcomes for RAP activities;

involvement of PAPS in the monitoring process; evaluation of the impact of RAP activities over a

reasonable period after resettlement and compensation, and using the results of RAP impact monitoring to

guide subsequent implementation.

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ANNEX 3: Sample Grievance and Resolution Form Name (Filer of Complaint): __________________________________

ID Number: __________________________________ (PAPs ID number)

Contact Information : __________________________________ (Village ; mobile phone)

Nature of Grievance or Complaint:

_____________________________________________________________________________________

_____________________________________________________________________________________

Date Individuals Contacted Summary of Discussion

____________ __________________ ___________________________ Signature_______________________ Date: ____________

Signed (Filer of Complaint): ______________________________________

Name of Person Filing Complaint :__________________________( if different from Filer)

Position or Relationship to Filer: __________________________________

Review/Resolution

Date of Conciliation Session: ______________________________________

Was Filer Present? : Yes No

Was field verification of complaint conducted? Yes No

Findings of field investigation:

_____________________________________________________________________________________

_____________________________________________________________________________________

Summary of Conciliation Session Discussion:

_____________________________________________________________________________________

_____________________________________________________________________________________

Issues _____________________________________________________________________________

Was agreement reached on the issues? Yes No

If agreement was reached, detail the agreement below:

If agreement was not reached, specify the points of disagreement below:

____________________________________________________________________________________

Signed (Conciliator): ___________________________ Signed (Filer): ________________

Signed: ___________________________

Independent Observer

Date: ___________________________

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ANNEX 4: Sample Table of Contents for Consultation Reports 1.0 Introduction.

1.1 Project Description

1.2 Applicable Laws, Regulations, and Policies to Public Engagement

1.3 Project Lenders

2.0 Stakeholder Analysis

2.1 Areas of Influence/Stakeholders

2.2 Description of Stakeholders

3.0 Stakeholder Engagement

3.1 Previous Consultation Activities

3.2 Implemented Community Engagement Activities

3.3 Project Sponsor‟s Community Engagement Plan

3.3.1 Phase 1 – Initial Stakeholder Consultation

3.3.2 Phase 2 – Release of the SEA Terms of Reference and Draft PCDP

3.3.3 Phase 3 – Release of SEA Consultation Summary Report

4.0 Summary of Key Issues

5.0 Future Consultation Events

5.1 Phase 4 – Release of the SEA Report and Action Plans

5.2 Phase 5 – RCDAP Planning Consultation

5.3 Phase 6 - Ongoing Project Communication

6.0 Disclosure Plan

Tables

Table 2.1: Consultation Activity Summary

Table 3.1: Initial Government Agency Consultations

Table 3.2: Summary of NGO Meetings

Table 3.3: Sub-County Committee Composition

Table 3.4: Summary of Community Discussions

Table 3.5: Local Community Comments

Table 4.1: Summary of Key Issues and Responses

Table 5.1: Summary of Future Consultation Activities per Stakeholder Group

TEMPLATE Table on Consultation Activity Summary

Location and

Communities

Represented

Meeting Dates Attendees Discussion Summary

Example:

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ANNEX 5: Glossary of Terms Census A field survey carried out to identify and determine the number of Project Affected Persons

(PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The

census provides the basic information necessary for determining eligibility for

compensation, resettlement, and other measures emanating from consultations with affected

communities and the local government institutions.

Compensation The payment in kind, cash or other assets given in exchange for the acquisition of land

including fixed assets, is called compensation. These include other impacts resulting from

activities to rehabilitate or cushion the impacts from displacement.

Cutoff Date The cut-off date is the date of commencement of the census of PAPs or DPs within the

EASP program area boundaries. This is the date on and beyond which any person whose

land is occupied for EASP program, will not be eligible for compensation.

Grievance

Mechanism The RPF contains a grievance mechanism based on policies and procedures that are

designed to ensure that the complaints or disputes about any aspect of the land

acquisition, compensation, resettlement, and rehabilitation process, etc. are being

addressed. This mechanism includes a procedure for filing of complaints and a process

for dispute resolution within an acceptable time period.

Implementation

Schedule The RPF contains an implementation schedule that outlines the time frame for planning,

implementation, and monitoring and evaluation of the RAPs for sub-projects, if

applicable.

Land Land refers to all types of agricultural and/or non-agricultural land and any structures

thereon whether temporary or permanent and which may be acquired by the project.

Land

Acquisition

Land acquisition means the possession of or alienation of land, buildings, or other assets

thereon for purposes of the project.

Project

Affected

Persons (PAPs)

or Displaced

Persons (DPs)

Project affected persons (PAPs) or Displaced Persons (DPs) are persons affected by land and

other assets loss as a result of EASP activities. These person(s) are affected because they

may lose, be denied, or be restricted access to economic assets; lose shelter, income sources,

or means of livelihood. These persons are affected whether or not they will move to another

location. Most often, the term DPs applies to those who are physically relocated. These

people may have their: standard of living adversely affected, whether or not the Displaced

Person will move to another location ; lose right, title, interest in any houses, land (including

premises, agricultural and grazing land) or any other fixed or movable assets acquired or

possessed, lose access to productive assets or any means of livelihood.

Project Impacts

Impacts on the people living and working in the affected areas of the project, including

the surrounding and host communities are assessed as part of the overall evaluation of

the project.

Project

Implementing

Unit (PIU)

Some projects make use of project implementing units (PIUs), which are generally

separate units within the project recipient‟s agency. The PIU is often composed of full

time staff devoted to implementing the project, and have been encouraged to have

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separate teams with environment and social specialists who can carry out the activities,

for example, as outlined in the RPF or RAP.

Rehabilitation

Assistance

Rehabilitation assistance is the provision of development assistance in addition to

compensation such as livelihood support, credit facilities, training, or job opportunities,

needed to assist PAPs or DPs restore their livelihoods.

Replacement

Cost

Replacement cost refers to the amount sufficient to cover full recovery of lost assets and

related transaction costs. The cost should be based on Market rate (commercial rate)

according to Ethiopian laws for sale of land or property. It is normally calculated based on a

willing buyer-willing seller basis, but also applies in Ethiopia to acceptable market valuation

or from an assessment from the Land Commission and government valuer.

Resettlement

Action Plan

(RAP)

The RAP is a resettlement instrument (document) to be prepared when sub-project locations

are identified. In such cases, land acquisition leads to physical displacement of persons,

and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to

economic resources. RAPs are prepared by the implementing agency and contain specific

and legal binding requirements to resettle and compensate the affected people before project

implementation.

Resettlement

Assistance

Resettlement assistance refers to activities that are usually provided during, and immediately

after, relocation, such as moving allowances, residential housing, or rentals or other

assistance to make the transition smoother for affected households.

Resettlement

Policy

Framework

(RPF)

The RPF is an instrument to be used throughout the project‟s implementation. The RPF sets

out the objectives and principles, organizational arrangements, and funding mechanisms for

any resettlement, that may be necessary during implementation. The RPF guides the

preparation of Resettlement Action Plans (RAPs), as needed, for sub-projects.

Rights and

Entitlements Rights and entitlements are defined for PAPs and DPs (with the cut-off date) and cover

those losing businesses, jobs, and income. These include options for land-for-land or

cash compensation. Options regarding community and individual resettlement, and

provisions and entitlements to be provided for each affected community or household

will be determined and explained, usually in an entitlement matrix.

Witness NGO

or Independent

Monitor

Some RPFs refer to a witness NGO or an independent monitor that can be contracted to

observe the compensation process and provide an independent assessment of the quality

of the process. These are usually NGOs or other agencies that are not directly involved

in the project and have a reputation for independence and integrity.

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ANNEX 6: Relevant Laws Property Rights and Land Rights Law/Regulation

Ownership of land is now vested in the State and Ethiopian citizens have only a use right

(usufruct) over the land. This gives the user ownership of his/her possessions with the right to

benefit from the fruits of his/her labor. This includes crops, perennial crops, trees for timber etc

found on the land or any other permanent fixtures such as residential houses, business

installations, stores and fences, amongst others. This overturned the 1960 Constitutional degree

of private ownership of land.

Public Ownership of Rural Land

(No 31/1975)

In 1975 Ethiopia nationalised urban land and extra houses (Proc. No. 47/1975). Residents have

usage rights, urban centers must take inventory of land and plan sustainable land use. Urban

residents get one plot of land for personal housing.

Proclamation No. 47/1975

A) All urban lands shall be property of the Government. B) Tenant shall be free from payment

to the landowner. C) Any person or family own only a single dwelling.

Proclamation No. 47/1975,

Article 2(3), Article 6(1) and

Article 11(1)

According to these proclamations, land holders have open-ended usufruct rights over their

possessions (ie there is no time limit on this usufruct), subject to a proof of permanent physical

residence, ability to farm continuously and should meet administrative dues and obligations. In

rural villages, farm households have a legal right to possess land through state mandated peasant

associations.

Constitution of

Ethiopia (No 1/1987, Article

13(2) and No 1/1995, Article

40(3))

Proclamation N° 89/1997 establishes the principles of rural land administration, which is

devolved to the Regions

states that each Regional Council shall enact a law on land administration, which is in

conformity with the provisions on environmental protection and federal utilization

polices.

Proclamation N° 89/1997

"Federal Rural Land

Administration Proclamation"

Proclamation N° 89/1997 recognizes the lawfulness of "holding rights" over land; Proclamation N° 89/1997

"Federal Rural Land

Administration Proclamation"

Proclamation N° 89/1997 confirms and details the Constitution principle that holding rights on

land can be assigned to peasants and nomads, and that these are to be secured from eviction and

displacement;

Proclamation N° 89/1997

"Federal Rural Land

Administration Proclamation"

It provides various details with respect to redistribution of land, including that this redistribution

is a Region responsibility

It establishes the possibility for Regions to perceive fees for the use of land and forest.

Proclamation N° 89/1997

"Federal Rural Land

Administration Proclamation"

The leasehold policy (Proc No. 80/1993) allows individuals and companies to attain access to

land through auction, allocation, or lottery.

Proclamation No. 80/1993

Article 26 of the Constitution states that "Everyone shall have the right to his privacy and

physical integrity. This right shall include protection from searches of his person, his home, his

property and protection from seizure of property under his possession."

Constitution Article 26

The 1995 Constitution of the Ethiopia, Article 40(2), 40(4), 40(5) and 40(8) includes legal

frameworks that protect the Ethiopian citizen‟s rights to private property and set conditions for

expropriation of such property for state or public interests.

Constitution Article 40(2)

Constitution Article 40(4)

Constitution Article 40(5)

Constitution Article 40(8)

Article 40(3) vests the right to ownership of rural and urban land, as well as of all natural;

resources, in the government and in the peoples of Ethiopia;

Constitution Article 40(3)

Article 40(3) recognizes land as a common property of the Nations, Nationalities of, and peoples

of Ethiopia and prohibits sale or any other exchange of land;

Constitution Article 40(3)

Proclamation N° 89/1997

"Federal Rural Land

Administration Proclamation"

Article 40(4) guarantees the right of farmers to obtain land without payment and the protection

against eviction from their possession; and

Constitution Article 40(4)

Article 40(5) guarantees the right of pastoralists to free land for grazing and cultivation as well

as the right not to be displaced from their own lands.

Constitution Article 40(5)

Article 40(7) states that "Every Ethiopian shall have the full right to the immovable property he

builds and to the permanent improvements he brings about on the land by his labour or capital.

This right shall include the right to alienate, to bequeath, and, where the right to use expires, to

remove his property, transfers his title, or claim compensation for it.

Constitution Article 40(7)

Article 41(9) sets out the State responsibilities to protect and preserve historical and cultural

legacies.

Constitution Article 41(9)

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Property Rights and Land Rights Law/Regulation

The Research and Conservation of Cultural Heritage Proclamation No. 209/2000 of Ethiopia

defines cultural heritage broadly as "anything tangible or intangible which is the product of

creativity and labour of man in the pre-history and history times, that describes and witnesses to

the evolution of nature and which has a major value in its scientific, historical, cultural, artistic

and handcraft content."

Proclamation No. 209/2000

Prior approval of the Authority for Research and Conservation of Cultural Heritage is

required to remove from its original site of an immovable cultural heritage (Art. 21/1).

Proclamation No. 209/2000,

Article 21/1

Whenever registered, movable cultural heritage is encountered during the execution of

the project it is possible to remove such property by notifying the Authority in advance

(Art. 21/2).

Proclamation No. 209/2000,

Article 21/2

Zikre Hig Regulation No.6 2002 provides for the lease holding of urban land for a specified

period of time. It regulates the lease period for different functions, grade of land and payment of

lease. It regulates manners of expropriation of land. It regulates that land could be expropriated

for public use against payment of compensation

Zikre Hig Regulation No.

6/2002

Several Regions of Ethiopia have taken steps to develop regional land regulations. Regional Land Regulations

Land use

Administration

Proclamation, (No

456/2005 Article

17(1))

Eligibility for compensation is discussed in Article 44(2) of the 1995 Constitution and

Proclamation No 455/2005. These two legal documents give entitlement only to those who have

formal legal rights over their holdings (properties).

Constitution Article 44(2)

Proclamation No 455/2005

Proclamation No 455/2005, Article 2 (3) stipulates that “Landholder” means an individual,

government or private organization or any …other …organ which has legal personality and has

lawful possession over the land to be expropriated and owns property situated thereon.”

Proclamation No 455/2005

Rural Land Administration and Land use Administration Proclamation (No. 456/2005

Article 17(1) gives regional states the power to enact regional laws for rural land

administrations. The regional laws are to be consistent with the Federal Constitution (No.

1/1995, Article 52(2) (d))

Proclamation No. 456/2005

Several regional states (including Amhara and Tigray) are now building on the constitutional

provisions to improve security of tenure, albeit within the general framework of State ownership

of land. Leases are being introduced, that would guarantee lessees a long-term right of usage.

Where leases are concluded between a regional administration and peasant farmers, it does not

seem that these leases are reflected in any cadastral documentation (including maps) kept at

woreda or region level.

Land Tenure

“Non-owners like renters and business are eligible for relocation and other assistance in finding

a new location, compensation at replacement value for any immovable assets, compensation for

loss of income during transition, assistance for physical transfer and follow-up services.”

Uncited

“People without titles or use right (e.g. squatters, encroachers) will be for specific assistance.

They typically claim use rights or even ownership after occupation of unused or unprotected

lands. They are likely to have invested in structures or land improvements that are eligible for

compensation.”

Uncited

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ANNEX 7: List of 28 State Owned Entreprises designated for Environmental and Social Management Plan (ESMP)

Sl. No Fully Audited Enterprises

A CHEMICALS

Awash Melkassa Aluminum Sulfate & Sulfuric Acid

Adami Tulu Pesticide Processing Sh. Co.

Caustic Soda Sh. Co.

B MINING & MINERALS

Adola Gold Development Enterprise

Ethiopia Mineral Development Sh. Co.

C TEXTILES

Awassa Textile Sh. Co

Bahir Dar Textile Sh. Co

Combolcha Textile Sh. Co

Arbaminch Textile Sh. Co

Sl. No Partially Audited Enterprises

A AGRICULTURE

Agricultural Equipment & Technical Service Sh. Co.

Abobo Agricultural Deve‟t Enterprise

Coffee Processing and Warehouse Enterprise

Bale Agricultural Dev`t Ent

Agricultural Input Supply Enterprise

Coffee Plantation and Dev‟t Enterprise

Arsi Agricultural Dev‟t Enterprise

Awassa Agricultural Dev‟t Enterprise

Ethiopian Fruits and Vegetables Marketing Sh.Co.

Middle-Awash Agricultural Dev‟t Enterprise

Semen-Omo Agricultural Dev‟t Enterprise

Fish Production & Marketing Ent.

Natural Gum Production & Marketing Ent.

Upper Awash Agro- Industry Enterprise

B BEVERAGE

Assela Malt Factory

Bedele Brewery Sh. Co.

Harrar Brewery Sh.Co.

C CONSTRUCTION

Tabor Ceramics Sh. Co.

D FOOD

Hamaressa Edible Oil Sh. Co.

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ANNEX 8: List of Stakeholders Involved in the RPF Consultation Process

PPESA

Name Title Phone number Email

Ato Beyene G/Meskel Director General, Privatization and Public enterprises Supervisory Authority

Ato Milkias T/Giorgis Private Sector Capacity Building Program

Abobo - Farm 1

Ato Tekabe Abebe Deputy farm manager

Ato Andualem Tiruneh Farm administrator

Abobo - Ginnery

Ato Tesfaye Setegn Factory manager +251475511496 (Off)

+251913506541 (Mob)

No

Agricultural Equipment and Technical Services

Ato Tadele Yilma Human Resource Manager 011-4-42 23 52

0911-86 96 95

[email protected]

Ato Gezahegn G.hiwot General Service Head 011-4-42 36 08 Not Available

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0911-08 88 43

Gislaw Tulu Planning Head 011-4-42 36 06

0912-10 06 20

[email protected]

Ato Shiferaw T.tsadik Health Officer 011-4-42 24 20

0911-43 21 81

Not Available

Ato Asfere Kemal Component Maintenance Section Head 0911-54 13 11 Not Available

Ato Derese 0911-77 06 43

Ato Adamu Taferew Main Store Keeper at Chemical Store 011-4-42 60 02

0912-08 81 52

Not Available

Ato Asrat Girma Technical Training Division Head at

Training Center

011-4-40 05 96

Agricultural Input Supply Enterprise

W/ro Getenesh Ashenafi General manager(GM) of the enterprise +251114425623/+251911219446

[email protected]

Arsi Agricultural Devt. Enterprise – Arbagugu Coffee Plantation

Hayelom Sebhatu Farm manager +251912221093 Not available

Jemal Gandabe Agricultural section Head -

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Arsi Agricultural Devt. Enterprise – Geredella Farm

Tesfaye Yesuneh Administration secretary +251913070581 Not available

Arsi Agricultural Devt. Enterprise – Goffer

Hussein Abdu Agronomy and plant protection Division Head +251911084056 Not available

Arsi Agricultural Devt. Enterprise – Lole Farm

Tesfaye Nigussie Farm Manager +251911840639 Not available

Mengesha Moges Field supervisor +251910

Billito Siraro Farm of the Hawassa Agricultural Development Enterprise

Yohannes Zegeye Farm Manager 0461190625/0911909264

Zerihun Tegegne Agronomist 0916834887

Mengesha Massebo Farm section Head 0916863179

Bale Agricultural Development Enterprise – Heraro Farm

Ato Shimelese Kifelew Farm Manager 022-1190592

0911-568419

Bale Agricultural Development Enterprise – Hunte Farm

Ato Kidane Girmay Farm Manager 022-11-90-588

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0911-568415

Ato Habtamu Asfaw Human Resource Manager 022-11-90-590

0913-009438

Ato W/Senbet Milki Production Manager 0912-265181

Bale Agricultural Development Enterprise – Robe Farm

Ato Gizaw Jagema Farm Manager 0911-568421

022-1190597

Ato Taye Regasa Administrator 0911-043476

022-11-91-260

Sure Tuya Peasant, Ashuta PA inhabitant Not available

Tola Ejersa Peasant, Shalo PA inhabitant Not available

Bale Agricultural Development Enterprise – Sinana Farm

Ato Abebe Tufa Farm Manager 022-11-90-745

0911-568417

Ato Alemayehou Dengete Deputy Head of the Clinic (Health Assistant) 0913-499839

Ato Negash Beresa School Director 0912-818074

Asela Malt Factory

Daniel Melese Administration and HRD Department +251911840520

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Manager

Kiros Abrha General Manager +251911253731

Bedele Brewery

Sirata Guluma Vice director of the company 0474450499 (Off)

0917550438 (Mob)

[email protected]

Harar Brewery

Tekeba Yeshitla Marketing and sales Manager +251911501256

Adami Tulu Pesticide Processing Sh. Co

Ato Lemma Bogale Administration Manager and Acting Dept.

GM

046 441 9169

0916 58 00 04

[email protected]

Ato Simeneh Altaye Manager, Production and Technique 046 441 9167

0916 58 00 06

[email protected]

Ato Demis Yehualaeshet Civil Works Coordinator 046 441 92 87

0916 82 14 39

Not available

Ato Seife Negash General Services, Dept. Head 0920 01 04 10 Not available

Awash Melkassa Aluminum Sulphate and sulpharic Acid Sh. Co

Mamo H/kirstos General Manager +251911207313

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Chane Alelign Industrial safety and environment control

process owner

+251911253810

Caustic Soda Share Company

Ato Moges Abate Acting GM 046 441 2521

0911 38 24 50

[email protected]

Ato Amsalu Amenu HR and Admin Manager 046 441 3377

0913 23 04 93

Not Available

Ato Mitiku Ayana Guard Head 046 441 2421/43 Not Available

Ato Gemechu Kedir Guard Not Available Not Available

Coffee Plantations – Bebeka – Farm 1

Ato Abebe Aleme Farm manager +251471129946 (Off)

+251913533030 (Mob)

Ato Gorfu Melka Personnel head of the Enterprise +251917268106

Coffee Plantations – Bebeka – Farm 2

Ato Temesgen Demise Deputy manager of the farm +251910299700 (Mob)

Ato Tesfaye Antuan Farm planning service leader No

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Coffee Plantations – Bebeka – Farm 3

Ato Dawit Tsegaye Deputy, manager of Bebeka Coffee Plantation

Enterprise

+251913850771

Ato Gorfu Melka Personnel head of the Enterprise +251917268106

Ato Regassa Dame Farm Three manager +251920606259

Coffee Plantations – Bebeka – Farm 4

Ato Tsegaye Telila Deputy farm manager and agronomist +251913396442 (Mob)

Ato Kassa Aniley Farm unit 2 deputy manager +251913680138 (Mob)

Coffee Plantations – Limmu – Gojeb Farm

Ato Zerihun Hailu Farm manager +251917808001 (mob)

+2510471129869 (off)

Ato Dereje Mamo Farm administrator +251910373195 (mob)

+2510471129869 (off)

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Coffee Plantations – Limmu – Gomma 1

Ato Fenta Bekele Farm program and plan head +251910826054 No

Ato Mulualem Abera Farm administrator +25197127652 No

Ato Yohannis Etefa Limu Coffee Plantation Enterprise production

and operation manager

+251917550211 [email protected]

Coffee Plantations – Limmu – Gomma 2

Ato Tesfaye Weldeyes Farm manager +251917832733 (mob),

+251471129237 (off)

No

Ato Ashebir Mose Farm administrator +251913207892 (mob)

+251471129150 (off)

No

Ato Yohannis Etefa Limu Coffee Plantation Enterprise production

and operation manager

+251917550211 [email protected]

Coffee Plantations – Limmu – Gummer Farm

Ato Getahun Kumilachew Farm Manager +251917805342 (Mob)

+251471129867 (Off)

No

Ato Sisay Zeleke Farm Administrator +25197823942 (Mob)

+251471129865 (Off)

No

Ato Mesele Asfaw Gen. Manager of Limmu Coffee Plantation +251471114517 (off) Messele-asfaw

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Enterprise +251917550542 (mob) @yahoo.com

Coffee Plantations – Limmu – Kossa Farm

Ato Girma Mekonnen Farm manager +251471129857 (off)

+251917833015 (mob)

No

Ato Mesele Asfaw General manager of Limmu Coffee Plantation

Enterprise

+251471114517 (off)

+251917550542 (mob

Messele-asfaw

@yahoo.com

Coffee Plantations – Limmu – Suntu Farm

Ato Takele Mitiku Farm Manager +251471129856 (off)

+251917828955 (mob)

No

Ato Messele Asfaw General Manager, Limmu Coffee Plantation

Enterprise

+251471114517 (off)

+251917550542 (mob)

Messele-asfaw

@yahoo.com

Coffee Plantations – Teppi –Farm 1

Ato Legesse Sultan Shosha (farm unit 2) manager +251471129913 (Off)

+251917828459 (Mob)

No

Ato Ayele Oluma Khomi (Farm unit 1) manager +251471100106 (Off)

+251917828257 (Mob)

No

Ato Efrem Mersehazen Manager of Teppi Coffee Plantation Enterprise +251475560061 (Off)

+251917550176 (Mob)

Efrem-cpde

@yahoo.com

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Coffee Plantations – Teppi –Farm 2

Ato Efrem Mersehazen Manager of Teppi Coffee Plantation

Enterprise

+251475560061 (Off)

+251917550176 (Mob)

[email protected]

Ayalew Sisay Farm manager +251917827266 (Mob)

+251471129953

No

Coffee Plantations – Teppi –Farm 3

Ato Gemeda Namessa Farm manager +251471129954 (Off)

+251917828639 (Mob)

Getachew Negese Agronomist +251913440013 (Mob)

Coffee Plantations – Teppi –Farm 4

Ato Ephrem Barkessa Farm Manager +251471129952 (Off)

+251911057671 (Mob)

Getachew Negese Agronomist +251913440013 (Mob)

Coffee Plantations – Teppi –Farm 5

Abraham Mahder Farm Manager +251471129951 (Off)

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+251917827476 (Mob)

Getachew Negese Agronomist +251913440013 (Mob)

Coffee Processing & Warehouse Enterprise

Ato Getaw Yalew General manager(GM) of the enterprise +251114431860

[email protected]

Tabor Ceramics Sh. Co.

Solomon Tesfaye Operation Manager 0462202359/0916823411 Solotesfagee

@yahoo.com

Ethiopian Fruits & Vegetables Marketing Sh.Co.

Ato Mengistu Kebede General Manager 011-4-16 42 88

0911-22 56 38

[email protected]

Ato Asrat Habtamu HR & Property Dep‟t Manager 011-4-16 02 92

0911-14 14 84

[email protected]

Ato Chala Chaka Store Keeper at the main distribution center 011-1-11 54 82

0911-14 42 28

Not Available

W/ro Meaza Kitila Production Store Manager at the main

distribution center

0911-70 54 42 Not Available

Ato Aboye W/mariam In charge of collecting/monitoring production Not Available Not Available

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container at the main distribution center

Ato Derese Gobena Insurance Officer 0911 -77 06 43 Not available

Fish Production and Marketing Enterprise – Arbaminch

Lema Tesfaye Branch Manager 0468810223/0911356379

Fish Production and Marketing Enterprise – Head Office – Addis Ababa

Ato Kibebew Kassa General manager(GM) of the enterprise +251114400341

[email protected]

Fish Production and Marketing Enterprise – Zeway

Ato Adeferese Kassaye General Manager 0913 38 67 03

046 441 2425

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Fish Production and Marketing Enterprise – Bahir Dar

Engida Dasalegn Branch Manager 0913996732/0582220177

Tadesse Kebede Administration and Finance Head 0913125916

Hamaressa Edible Oil Share Company

Gezahegn Degafe Production and Technique Manager +251910793585

Adola Gold Development Enterprise

Muhidin Asfaw Production Division Head +251913447993

Ethiopia Mineral Development- Kenticha Tantalum Development Unit

Biruk H/mariam Geologist +251911705031

Ethiopia Mineral Development - The Boambawoha Ceramics Mineral Development Unit

Mesfin Nigussie Mine process coordinator +251913059861

Getu Belete Security guard +251916363811

Denbi Salli Security guard +251916523503

Natural Gum Processing and Marketing Enterprise

Fikadu Nigussie Office Manager +251912037513

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Semen Omo Agricultural Development Enterprise – Abaya Farm

Solomon Kebede General Manager O461191419/0912129789

Markos Yisebo Record Office Head 0912350922

Semen Omo Agricultural Development Enterprise – Arbaminch

Dessalegne Benti Manager O468813070/0911843032

Semen Omo Agricultural Development Enterprise – Frieal Farming and Processing Co.

Nebiyu Mesfin Acting Manager 0913356206/0468840607

Getachew Kayaye Administration Manager 0468840607

Semen Omo Agricultural Development Enterprise – Sille

Kifle W/Tensae Administration Head 0468840457/0910506906

Seifu Koyesha Agriculture Section Head 0916852740

Middle Awash Agricultural Development Enterprise – Ginnery

Tefera Negash Manager of the Ginnery 251-0911-718298

Middle Awash Agricultural Development Enterprise – Melka Sedi

Negusie Fite Manager of Melka Sedi Farm 251-0913011652

Middle Awash Agricultural Development Enterprise – Melka Worer

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Kokobe Elifaged Agriculture Department Head, Melka Sedi

Farm

251-0913 3649 26

Middle Awash Agricultural Development Enterprise – Head Office

Hussien Endrie Administration and Workers Affairs Head of

the Enterprise

022-456-60137

Middle Awash Agricultural Development Enterprise – Sidaha Fagie Farm

Esayas Wolde Manager of Sidaha Fagie Farm 251-092547755

Upper Awash Agro-industrial Development Enterprise - Africa Juice Tibila Share Company (formerly Tibila Farm)

Zelalem Yefru Manager, Engineering Services 251-911-362416

Shambel Argea Head, Field Control 251-912-304657

Upper Awash Agro-industrial Development Enterprise - Merti Fruits and Vegetables Processing Plant

Abiot Tesfaye Manager, MPP 251-221-122-708

Mesfin Zeriay Site Representative 251-913-282459

Upper Awash Agro-industrial Development Enterprise - Merti Jeju Farm

Yitbarek Girma Manager, Merti Jeju Farm 251-910-023926

Mesfin Zeriay Site Representative 251-913-282459

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Upper Awash Agro-industrial Development Enterprise - Nura Era Farm

Jeylan Kedir Manager, Nura Era Farm 251-911-271268

251-221-191185

Regassa Kumsa Agriculture Dept Head, Nura Eara Farm 251-913-358557

Eshetu Fentaw Assistant to the Administrator , Nura Era Farm 251-912-248690

Upper Awash Agro-industrial Development Enterprise – Head Office

Getachew Bekele Human Resource Head, UAAIE 251-221-122-688/ext. 208

Mesfin Zeriay Site Representative 251-913-282459

Arbaminch Textile Sh. Co

Sisay Solomon Manager 0911 20 18 85

0913 31 89 11

Kebede Wondimu Production and Technical Manager 0913343173

Yigezu Mekonnen Administrator 0913883094

Mohamde Haji Ibrahim Technical Service Head 0911857830

Bahir Dar Textile Sh. Co

Abay Melaku General Manager 0918340337/0582200104

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Yosef Hayile Administration Head 0918382301

Kombolcha Textile Sh.Co

Ato Ahmed Yasin Representative of General Manager 033 551 02 02

OR

033 551 02 03

Ato Shimelis Wolde-Amanuel Registrar 033 551 02 11 ext. 223

Hawassa Textile Sh. Co

Wagaye Mitiku Production and Technical Manager 0911566764